IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


A 


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Ui|21    115 

Ui  Uii   12.2 

Lfi    12.0 


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Photographic 

Sciences 

Corporation 


33  WEST  MAIN  STRIET 

WnSTER.N.Y.  14S80 

(716)  872-4503 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


!•.• 


Canadian  Institute  for  Historical  l\/iicroreproductions  /  Institut  Canadian  de  microreproductions  historiquas 


Technical  and  Bibliographic  Notaa/Notaa  tachniquaa  at  bibliographiquaa 


Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographically  uniqua. 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction,  or  which  may  significantly  changa 
tha  uaual  mathod  of  filming,  ara  chackad  balow. 


□ 
□ 
D 
D 

n 

D 
D 
D 
□ 


D 


D 


Coiourad  covara/ 
Couvartura  da  couiaur 

Covara  damagad/ 
Couvartura  andommagAa 

Covara  rastorad  and/or  laminatad/ 
Couvartura  raataur^a  at/ou  palliculte 

Covar  titia  miaaing/ 

La  titra  da  couvartura  manqua 

Coiourad  mapa/ 

Cartaa  giographiquaa  an  couiaur 

Coiourad  ink  (i.a.  othar  than  blua  or  black)/ 
Encra  da  couiaur  (i.a.  autra  qua  blaua  ou  noira) 

Coiourad  plataa  and/or  illuatrationa/ 
Planchaa  at/ou  illuatrationa  an  couiaur 

Bound  with  othar  matarial/ 
RalM  avac  d'autraa  documanta 

Tight  binding  may  cauaa  thadowa  or  diatortion 
along  intarior  margin/ 

La  re  liura  sarr6e  paut  cauaar  da  I'ombra  ou  ^a  la 
diatoraion  la  long  da  la  marge  IntAriaura 

Blank  laavaa  addad  during  raatoration  may 
appaar  within  tha  taxt.  Whanavar  posaibia,  thaaa 
hava  baan  omittad  from  filming/ 
II  sa  paut  qua  cartainaa  pagaa  blanches  ajoutAaa 
lors  d'una  raatauration  apparaiaaant  dana  la  taxta, 
mais.  lorsqua  cala  Atait  poaaibia,  caa  pagaa  n'ont 
paa  iti  fiimAas. 

Additional  commanta:/ 
Commantairaa  supplAmantairaa; 


L'Inatitut  a  microfilm*  la  maillaur  axamplaira 
qu'il  iui  a  iti  possibia  da  sa  procurer.  Las  details 
da  cat  axamplaira  qui  sont  paut-Atra  uniquas  du 
point  da  vua  bibllographiqua,  qui  pauvant  modifier 
una  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dana  la  mAthode  normale  de  filmaga 
aont  indiquto  ci*daaaoua. 


□  Coiourad  pagaa/ 
Pagaa  da  couiaur 

r~n   Pagaa  damaged/ 


D 


Pagaa  andommagAaa 

Pagaa  reatorad  and/or  laminated/ 
Pagaa  reittaurAes  et/ou  pelliculAes 

Pagaa  diacoiourad,  stained  or  foxed/ 
Pagaa  dAcolorias.  tachaties  ou  piquAes 


I     I   Pagaa  detached/ 


D 
D 
D 
D 


Pages  dAtachies 

Showthrough/ 
Tranaparance 


r^   Showthrough/ 


Quality  of  print  variaa/ 
Cualiti  inAgala  de  I'imprission 

Includes  supplementary  material/ 
Comprand  du  materiel,  supplAmentaira 

Only  edition  available/  % 

Seule  Mition  disponible 

Pagaa  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Lea  pagaa  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata.  une  peiure. 
etc.,  ont  M  fiimAes  A  nouveau  da  fapon  A 
obtanir  la  meilleure  image  possible. 


This  item  is  filmed  at  tha  reduction  ratio  checked  below/ 

Ce  document  est  filmi  au  taux  da  reduction  indiquA  ci-deaaous. 


10X 

14X 

18X 

22X 

26X 

aox 

.V,'    ..I 

y 

■«  "■■ 

12X 

16X 

20X 

a4X 

28X 

32X 

B 

ktails 
I  du 
lodifiar 
r  una 
Imaga 


Tha  copy  filmad  hara  haa  b«an  raproduead  thanka 
to  tha  ganaroaity  of: 


New  Brunswick  MuMum 
Saint  John 

Tha  imagaa  appearing  hara  ara  tha  baat  quality 
poaaibia  conaidaring  tha  condition  and  lagibiiity 
of  tha  original  copy  and  in  kaaping  with  tlto 
fllnting  contract  apacifieatlona. 


Original  copiaa  in  printad  papor  covara  aro  fHmad 
beginning  with  tha  front  eovar  and  anding  on 
tho  laat  paga  with  a  printad  or  i'iuatratad  impraa- 
aion,  or  tha  back  covar  whan  appropriate.  Ail 
othar  original  copiaa  ara  fiimad  beginning  on  the 
f  irat  page  with  a  printed  or  illuatrated  imprea- 
aion.  and  ending  on  the  laat  pege  with  a  printed 
or  iilu«trated  impreealon. 


L'axemplaire  film*  fut  reproduit  grice  i  la 
g4n4roait4  da: 

New  Brunswick  MusMim 
Saint  John 

Lee  imagea  auh^antea  ont  4tA  reproduitea  avac  la 
plua  grand  aoin.  eompta  tenu  de  la  condition  at 
de  la  nettet*  de  rexemplaire  film4,  et  en 
conformiti  avac  lea  condltiona  du  contrat  de 
filmage. 

Lee  exemplelrea  origliteux  dont  la  couverture  en 
papier  eet  imprim4e  aont  filmte  an  commandant 
par  ie  premier  plat  et  en  terminant  aolt  par  la 
dernlire  page  qui  comporte  une  empreinte 
d'Impreaaion  ou  d'iiluatration,  aolt  par  Ie  ae^sond 
plat,  aelon  Ie  oea.  Toua  lee  autrea  exempiairea 
originaux  aont  film4a  en  commen^ant  per  la 
premiere  pege  qui  comporte  une  empreinte 
d'Impreaaion  ou  d'iiluatration  at  en  terminant  par 
la  darnlAre  pege  qui  comporte  une  telle 
empreinte. 


The  laat  recorded  frame  on  each  microfiche 
ahaii  contain  the  aymbol  — ^•(meening  "CON- 
TINUED"), or  the  aymbol  y  (meening  "END"), 
whichever  appiiea. 


Un  dee  aymbdea  aulvanta  appareftra  aur  la 
damlAre  imege  de  cheque  microfiche,  aelon  Ie 
caa:  la  aymbole  -^  aignifie  "A  SUIVRE".  Ie 
aymbole  y  aignifie  "FIN". 


Mepe,  platea.  charta,  etc.,  mey  be  filmed  et 
different  reduction  ratioa.  Thoae  too  lerge  to  be 
entirely  included  in  one  expoaure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  aa  many  framea  aa 
required.  The  following  diagrama  iliuatrate  the 
method: 


Lee  cartea,  pianchea,  tableeux,  etc.,  peuvent  Atre 
filmte  A  dee  taux  de  rMuetion  diff Arenta. 
Loraque  ie  document  eat  trop  grand  pou/  Atre 
reproiduit  en  un  aeui  cllchA.  il  eat  filmA  A  partir 
de  I'angle  aupArieur  geuche,  de  gauche  A  droite. 
et  de  haut  an  baa.  en  prenent  Ie  nombre 
d'imegea  nAceaaalre.  Lee  diagrammea  auhranta 
illuatrent  Ie  mAthode. 


rrata 
:o 


[lelure. 
Id 


3 


32X 


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fvti 


18th  CONGRESS, 
2d  Session. 


[101] 


atlBS9A(&lB 


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PBGdIDEKT  OF  THE  UNITED  STATES, 


TKAHSXITTIKS 


A  further  "Report  from  the  Secretary  of  State, 

,  i*-  ^'..  oir  xn  ivanoT  ov  TBI 

THE  £  AST  SEASON,  Iir 

THia  BAT  Olf  ¥\i;j^i>x. 


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February  26,  1825. 
Read:  Ordered  that  H  lie  upon  the  table. 


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1¥ASHIK6T0N  :         ,  y/ 

fBIRTES  BT  GAIBS  &  BKATOIT. 
1825. 


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2b  the  Speaker  of  the  House  of  Bipremtatives: 

I  transmit  to  the  House  of  Rspressntatires  a  farther  Report  from 
the  Secretary  of  State,  in  pursuance  of  their  Resolution,  of  the  1st 
instant,  with  the  papers  to  which  it  refers,  upon  the  subject  of  the 

capture  and  detention  of  American  Fishermen,  the  last  season,  in  the 
Jiay  of  Fundy.  > 


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6 


Department  OF  State, 

Washington,  Z5d  Feb.  1825. 

The  Secretary  of  State  has  the  honor  to  fay  before  the  President  of 
the  United  States  the  copy  of  a  letter,  dated  the  19th  instant,  re- 
ceived from  Mr.  Addington,  Charge  d*  Affaires,  from  Great  Britain, 
together  with  copies  of  tlie  Pa|»er8  by  which  it  was  accompanied,  as 
offering  additional  information  upon  the  subject  of  the  capture  and 
detention  of  American  Fishermen,  the  last  season;  in  the  Bay  of 
Fundy:  all  respectfully  submitted  to  the  President,  as  a  supi»leroent 
to  his  Report,  of  the  l6th,  pursuant  to  a  Resolution  of  the  House  of 
Representatives,  of  the  1st  instant. 

<  .,  JOHN  QUINCY  ADAMSl. 


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._'    ,         ..  Enclosures* 

Mr.  Addington  to  Mr.  Adams,  -  lOth  Feb.  18S5.  [Copy,] 

Evidence  of  Mr.  Tonoeau,  Midshipman* 

and  others,  relative  to  the  detention  of     ' 

the  Rebecca.  ' 

Same,  '     relative  to  the  detention  of  the 

schooners  William,  Galeon,  Hero,  and 

Pilgrim. 
Sapw,        relative  to  the  detention  of  the 

achoontrs  Reindeer  and  Raby. 
Mr.  Jones  to  Capt.  Hoare,  of  the  Dotterel      8th  Nov.  1824.  IGopy,] 
Mr.  Protheroe,  to  the  same,  -       -        9th        **  ,  ** 

Capt  Hoare  to  Rear  Admiral  Lake,       -      25th       «    ''         " 


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[101]  7 

Mu  Mdington  to  Mr.  ^dams. 

'Waihinotoic,  19th  February^  1825. 

8iB:  On  the  8th  and  Slst  of  September  last.  I  had  the  honor  of 
receiving  from  the  Department  of  State,  two  letters  in  which,  my 
good  offices  were  requested,  in  behalf  of  certain  individuals  of  the 
state  of  Maine,  engaged  in  the  flshing.trade,  who  desired  redress  and 
reparation  for  injury  done  them,  by  tHo  seizure  uf  their  vessels  by 
His  Majesty's  8Ioop  Dotterel,  while  employed  in  cruizing  on  the 
coasts  of  Hi^  Majesty's  North  American  possessions. 

I  informed  you,  sir,  in  reply  to  these  communifations.  that  I  should 
forthwith,  address  an  application  t<tthe  British  Naval  Commander.in 
Chief,  on  the  North  American  station,  recommending  that  .a  full  and 
impartial  investigation  should  be  instituted,  into  the-, various  caHcs 
vrhich  formed  the  grounds  of  cotriplalnt  on  the  part  of  the  American 
Government. 

I  have  the  honor  to  transmit  to  you  herewith,  copies  of  a  corres- 
pondence which  took  place,  in  consequence  of  my  application,  be- 
tween Captain  Hoare,  commanding  Ais  Majesty's  Sloop  Dotterel, 
and  Rear  Admiral  Lake,  in  reference  to  the  cases  set  foi-th  in  your 
letters,  above  mentioned.  The  depositions  of  the  ofliders  and  men, 
concerned  in  the  capture  of  tbe  Uebecca,  Ruby,  Reindeer,  William, 
Galeon,  Pilgrim,  Hero,.vesMels  therein  enumerated,  are  also  annexed. 

By  a  perusal  of  these  documents  it  will,  I  trust,  sir,  most  conclu- 
sively appear  to  you  that,  the  complainants  have  no  just  ground  of 
accusation,  against  the  officers  of  the  Dotterel,  nor  are  entitled  to 
reparation  for  the  loss  they  have  sustained.  That,  on  the  contrary, 
they  rendered  themselves,  by  the  wilAil  irregularity  of  their  own  con< 
duct,  justly  obnoxious  to  the  severity- exercised  against  them,  having 
been  taken,  soioie^a^rante  diiicto.  and  others  in  such  a  position  and 
under  such  circumstances  as  rendered  it  absolutely  impossible,  that 
they  could  have  had  any  other  intention  than  that  of -pursuing  their 
avocations  as  fishermen,  within  the  lines  laid  down  by  treaty,  as 
forming  t'^e  boundaries,  within  which  such  pursuit  was  interdicted 
to  them. 

With  regard  to  the  charge  preferred  against  Captain  Hoare,  of  his 
having  converted  detained  American  vessels,  prior  to  their  adjudica- 
tion in  the  courts,  into  tenders  fur  assisting  him  in  his  operutions 
against  the  vessels  of  the  s  ame  country,  I  have  only  (n  observe  that 
that  officer  broadly  and  in  the  most^explicit  terms,  denies  ever  having 
committed  or  authorized  one  such  act.  And  in  respect  to  the  other 
accusation,  adduced  by  the  complainants,  of  maltreatment  by  the 
British  officers,  of  those  persons  whose  vessels  had  been-  detained.  I 
trust,  that  a  perusal  of  the  inclosed  papers  will  make  it  eijually 
clear  to  you,  that  that  charge  Is  entirely  unfounded. 

I  cannot  but  apprehend,  sir,  that  the  acrimony  with  which  the  pro- 
ceedings of  Captain  Hoare  have  been  viewed  by  the  citizens  of  tlic 
state  of  Maine,  employed  in  the  fishing  trade,  on  the  Britiiiii  North 


■^«;m-. 


[101] 


American  coastii,  may  be  justly  ascribed  to^the  circumitance  of  the 
recent  .substitutiun  of  vigilance,  on  the  part  of  British  cruizers,  for  th« 
laxity  which  appears  to  have  prevailed  heretofore  in  guarding  those 
coasts  from  the  intrusions  of  foreign  fishermen  and  smugglers:  and  I 
doubt  not  that  if  those  persons  could  be  prevailed  upon  to  confine 
themselves  within  the  limits  prescribed  to  them  by  treaty,  no  oause 
ofdissention  or  complaint  would  ever  arise  between  the  individuali 
or  vessels  of  the  two  nations. 

It  remains  for  me  to  observe,  that  in  one  case,  in  which,  by  the 
ignorance  of  the  Midshipman  employed  in  the  service,  the  Territory 
of  the  United  States  had  been  viola|ed  by  the  pursuit  and  seizure  of 
an  American  vessel,  within  the  American  boundaries;  Captain  Hoare 
made  all  the  reparation  in  bis  power,  for  his  officer's  misconduct,  by 
delivering  up  to  the  Americans  the  boat  which  had  been  detained,  and 
paying  all  the  oxpences  incident  to  her  detention. 

1  have  the  honor  to  be,  with  distinguished  consideration,  sir^  your 
most  obedient  humble  servant. 

♦      ,;  i        H.  U.  ADDINGTON. 


'i^ 

\ 


Evidence  of  Mr.  Tou%eau,  midshipman't  and  the  crew  of  the  yawl  boat 
belonging  to  II.  J/,  sloop  Dotterel,  relative  to  the  detention  of  tht 
American  schooner  Hebecca, 


•      » 


Mr.  Touzeau,  midshipman^  exapained,  relative  to  the  detention  of 
the  American  schooucr  Rebecca. 

Question.  Wore  you  in  the  yawl  when  Mr.  Jones  detained  the 
American  schooner  Rebecca?    ,  r,>    '^  "  i|p    *         •« 

Answer.  Yes.  '^  '  -  *       v  *  '^ 

Ques.  Do  y,ou  know  Mr.  Jones's  reason  for  detaining  her? 

Ans.  Mr.  Jones  went  down  to  board  an  English  schooner,  and  one 
of  the  men  who  was  on  board,  by  the  name  of  Wright,  as  pilot,  be- 
longing to  an  Ameri(fan  schooner,  told  Mr.  Jones  that  his  vessel  came 
in  for  wood  and  water,  at  which  Mr.  Jones  appeared  to  be  satisfied;  << 
and  on  leaving  the  schooner,  saw  the  American  schooner  getting  un«  • 
der  weigh,  ran  down  and  fired  several  shot  across  her  bows  to  bring 
her  to,  she  not  heaving  to,  chased  her  across  the  Bay  of  Fundy. 
About  8  P.  M.  of  the  same  day,  lost  sight  of  her.     Some  days  after, 
observed  the  same  schoouer  at  anchor  near  Gull  Cove,  cleaning  fish-' 
and  heaving  the  gurry  overboard.  '  Mr.  Jones  detained  ber,  and  she 
was  subsequently  taken  to  St.  Johns. 

Ques.  How  was  the  weather? 

Ans.  Perfectly  clear  and  fine  weather,  with  a  moderate  breeze. 

Ques.  Was  it  fair  wind  to  the  fishing  ground? 

Ans.  Yes — we  sailed  in  that  direction. 


1 

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f- — 

[101] 

Thomai  Ricliardson  examined. 


9- 


Ques.  Do  you  remember  the  circumiitances  relative  to  the  deten' 
tion  of  the  American  scliooner  Rebecca? 

Am.  Yes. 

Quos.  Relate  all  you  know  about  her. 

Ans.  When  wo  first  intended  to  board  her,  she  made  sail  from  us; 
we  then  chased  her  over  to  the  Nova  Scotia  shore,  where  wo  lost 
sight  of  her  about  11  P.  M.  About  three  or  four  days  after,  we  again 
saw  her  at  the  Grand  Menan.  lying  about  a  mile  from  the  shore, 
cleaning  fish,  throwing  the  gurry  overboard.  Mr.  Jones  then  detain- 
ed lier  and  carried  her  to  St.  John's. 

Ques.  Where  was  she  laying? 

Ans.  In  some  harbor  at  th«>  Mcnan;  but  cannot  recollect  the  name. 

Ques.  What  quantity  of  wood  and  water  do  you  think  she  liad  on 
board? 

Ans.  About  three  or  four  forty  gallon  casks,  and  about  two  cordi 
of  wood. 

Ques.  How  was  the  weather  when  you  boardrd  her? 

Ans.  Fine  weather  and  clear  with  a  moderate  breeze. 

Ques.  Do  yuu  know  whether  the  wind  was  fair  for  the  fishing 
ground? 

Ans.  Yes;  the  wind  was  fair. 


Felix  8haw,  private  marine,  examined. 


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Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooner  Rebecca? 

Ans.  Yes. 

Relate  what  you  know  about  her. 

Ans.  She  came  to  anchor  with  another  schooner  in  a  small  harbor 
in  the  Grand  Menan.  While  we  were  lying  there,  the  foretopsail 
schooner  got  under  weigh,  and  w^e  boarded  her;  while  on  board  of 
her,  the  other  weighed  and  made  sail,  we  then  made  sail  after  her, 
and  chased  her  across  the  Bay  of  Fundy  over  to  the  Nova  Scotia 
shore,  where  we  lost  her  after  dark;  some  days  after,  we  saw  her 
again  at  anchor  within  a  mile  of  the  shore,  near  Gull  Cove,  throwing 
the  gurry  overboard,  Mr.  Jones  seized  her  and  took  her  to  St.  John's. 
'  Ques.  What  quantity  of  wood  and  water  bad  she  on  board? 

Ans.  I  do  not  recollect. 

Ques.  How  was  the  weather  when  you  detained  her? 

Ans.  The  weather  was  fine  and  clear  with  a  light  breeze. 

Ques.  Was  the  wind  fair  for  the  fishing  ground? 

Ans.  I  do  not  know  the  position  of  the  fishing  ground. 

James  Uoyd,  private  marine,  examined, 

Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  seized  the 
American  schooner  Rebecca? 
Ans.  Yea,  I  was. 

.'2 


W 


10  *        [  101  3 

<^  Relato  whnt  you  know  about  the  detentipn  of  her. 

Ans.  While  lying  at  anchor  in  the  harbor,  I  believe  the  Grand  Me* 
naiu  1  saw  the  schooner  come  in  and  anchor,  while  Mr.  Jones  was 
.'   boarding  another  vessel  under  English  colors,  observed  the  master 
and  two  men  go  off  to  the  schooner  and  immediately  got  under  weigh; 
when  they  got  round  the  point  of  land,  lost  sight  of  her. 
Ques.  Where  were  you  when  you  lost  sight  of  her? 
Ans.  On  shore,  cooking  the  boat*s  crew's  provisions. 
Ques.  How  do  you  know  it  was  the  master  who  went  on  board  th* 
vessel? 
.  Ans.  The  people  at  the  store  told  me  so,  and  said  be  had  been  there 

frequently,  and  had  asked  them  fur  water,  which  they  had  refused 
hiui.     His  reply  was.  if  he  could  not  have  it  by  fair  play,  be  woulA 
bo  damned  if  he  would  not  have  it  by  foul. 
^    Ques.  When  did  you  again  see  the  schooner? 
Ans.  I  never  saw  her  again. 
,^  Ques.  When  did  you  rejoin  the  yawl? 

^  Ans.  Next  morning. 

"         "  Ques.  Po  you  remember  the  schooner  Rebecca  being  detained? 

Ans.  I  was  put  on  board  a  vessel,  and,  with  the  rest  of  the  crew^ 
carried  her  to  St.  John's.    1  believe  her  name  was  Rebecca;  but  am 
not  certain. 
Ques.  Do  you  reknember  when  this  vessel  was  detained? 
<  Ans.  I  do  not  exactly  recollect;  but  believe  U  tube  a  week  or  more 
after  rejoining  the  yawl. 

Ques.  What  quantity  of  wood  and  water  had  she  on  board? 
' '  Ans.  I  believe  there  was  then  a  half  hogshead  three  parts  full>  and 

a  considerable  quantity  of  wood. 
Ques.  How  was  the  weather? 
Ans.  Quite  fine  and  clear,  with  moderate  breezes. 
Ques.  Oo  you  know  the  position  of  the  fishing,  ground. 
Ans.  I  do  not. 

John  Cammish  (<9.)  examined, 

Ques.  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  Ameri- 
can schooner  Rebecca? 

Ans.  Yes. 

Relate  all  you  know  about  her.         ^ 

Ans.  The  iirst  time  I  saw  her  she  was  at  anchor  in  a  small  harbor  in 
the  Grand  Menan:  and,  when  we  made  after  her,  she  got  under 
weigh,  and  we  chased  her,  keeping  her  in  sight,  till  about  11  P.  M. 
when  we  lost  sight  of  her  on  the  Nova  Scotia  shore. 
v^  Ques.  Did  you  see  her  again  afterwards?     ^, 

Ans.  Yes,  about  three  days  afterwards. 

Relate  wher<»  she  was  then,  and  what  she  was  doing. 

She  was  lying  in  a  small  harbor,  about  four  or  five  miles  from  Gull 
Cove,  cleaning  her  fish. 

Ques.  What  quantity  of  wood  and  water  had  she  on  board? 

Ans.  She  had  plenty  of  botk  when  we  detained  her. 


1 


[101] 


it 


Ques.  Do  yoa  know  the  quantity  in  casks? 

Ans.  Two  and  a  half  ho/^sheads. 

Ques.  How  was  the  weather  when  you  boarded  her? 

Ans.  Fine  weather,  with  a  little  breeze. 

Ques.  Do  you  know  how  the  wind  was? 

Ans.  I  am  not  positive,  but  believe  it  was  from  the  NW> 

Richard  ^ewlandf  (8.)  examined. 

Ques.  Were  you  in  the  yawl  when  Mr.  Jones  seized  the  American 
sthooner  Rebecca? 

Ans.  Yes,  I  was. 

Relate  the  circumstances. 

Ans.  She  came  in  and  anchored  while  we  were  lying  in  the  Grand 
Menan,  when,  going  to  board  her,  she  got  under  weigli  and  made  sail: 
we  chased  her  across  the  Bay  of  Fundy,  over  to  the  Nova  Scotia 
shore,  whei  e  we  lost  sight  of  her  about  1 1  P  M.  Three  days  after- 
wards, we  again  saw  hei>  at  anchor  near  Real's  Passage,  cleaning 
her  fish  and  h<^aving  the  gurry  overboard.  We  boarded  her  and  took 
lier  to  Gull  Cove. 

Question.  What  distance  was  she  from  the  land  when  she  was  taken 
possession  of? 

Answer.  About  a  quarter  of  a  mile. 

Question.  Did  you  hear  Mr.  Jones  ask  what  they  were  doing 
there? 

Answer.  Yes,  and  said  they  came  in  foi*  water.  *"     *' 

Question.  Wliat  quantity  of  wood  and  water  had  they  on  board? 

Answer.  About  two  barrels  and  a  half  of  water,  .'>i;d  about  a  cord 
or  cord  and  a  half  of  wood. 

Question.  How  was  the  weather  when  you  boarded  her? 

Answer.  Fine  clear  weather,  with  little  breezes. 

Question.  Do  you  remember  if  it  was  a  fair  wind  for  the  fishing 
ground  ? 

Answer.  Yes,  it  was. 

William  Vickery,  marine,  examined. 

Question.  Were  you  in  the  yawl  when  Mr.  Jones  seized  the  Aihe- 
rican  schooner  Rebecca?  ; 

Answer.  Yes,  I  was. 

Relate  what  you  remember  respecting  her. 
_  On  boarding  an  English  scliooner,  at  or  near  Gull  Cove,  we  saw 
another  laying  there:  wjiilc  going  on  board,  observt'!  another  getting 
under  weigh,  and  made  sail;  wc  cliascd  her  across  the  Bay  of  Fundy, 
and  lost  sight  of  her  between  nine  and  ten  o'clock,  P.  M. 

Question.  When  did  you  again  see  the  schooner? 

Answer.  About  three  or  four  days  afterwards,  at  anchor  within 
Gull  Cove,  within  half  a  mile  of  the  land,  cleaning  fish.  Mr.  Jones 
boarded  her  and  took  possession  of  her. 

Question.  Did  Mr.  Jonts  ask  what  they  were  doing  there? 

Answer.  Yes,  he  did,  and  they  said  they  came  for  wood  and  water> 


■f 


.-^wp^r 


\        . 


12 


C  ioi  3 


Question.  What  quantity  of  wood  and  water  had  they  on  board? 

Answer.  I  believe,  about  a  barrel  and  a  half  of  water,  and  about  a 
cord  and  a  half  of  wood. 

Question.  How  did  you  know  it  was  the  Rebecca? 

Answer.  I  was  informed  by  one  of  the  crew,  that  it  was  the  same 
vessel  we  chased  across  the  Bay.  and  that  they  would  have  hove  to,  but 
did  not  know  we  were  in  chase  of  them,  and  that  the  captain  said,  had 
he  not  returned,  but  made  the  best  of  his  way  home,  he  should  not 
have  been  taken. 

Question.  Did  you  fire  at  her  to  bring  her  to? 

Answer.  Yes,  I  was  ordered  by  Mr.  Jones  to  fire  across  her  bows, 
and  I  fired  several  times. 

Qestion.  How  was  the  weather  when  you  detained  her? 

Answer.  Fine  weather  with  a  nice  breeze. 

Question.  Do  you  know  if  it  was  a  fair  wind  to  the  fishing  ground? 

Answer.  No,  I  do  not. 

*  John  Lloyd,  (S.)  examined. 

Question.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  seized 
the  American  schooner  Rebecca? 

Answer,  Yes,  I  was. 

Relate  what  you  know  of  the  circumstances. 

When  laying  in  Gull  Cove,  1  heard  two  or  three  men,  who  I  be- 
lieve were  fishermen  belonging  to  the  island  of  Gi-and  Menan,  say, 
that  the  schooner  we  had  chased  across  the  Bay  of  Fundy,  two  or 
three  days  before,  was  then  at  anchor  between  two  islands,  about  a 
mile  and  a  half  round  tlie  point.  We  boarded  her,  and  detained  her. 
She  was  then  cleaning  fislu 

Question.  Did  you  hear  Mr.  Jones  ask  what  they  were  doing  there? 

Answer.  Yes,  they  said  they  came  in  for  wood,  water,  and  to  land 
their  gurry. 
.  Question.  What  quantity  of  wood  and  water  had  they  on  board? 

Answer.  They  had  as  much  wood  as  would  last  them  for  a  fort- 
night, and  had  a  full  cask  of  water  on  deck,  and  some  below,  but  can- 
not say  how  much,  besides  beer. 

Question.  How  was  tlie  weather  when  you  detained  her? 

Answer.  It  was  fine  weather  with  a  moderate  breeze. 

John  Cheese  (S,)  examined       •■  ^ 

Qiies,  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  American 
Schooner  Rebecca?  =*.  '  ,. 

Ans.  Yes,  I  was. 

Relate  what  you  recollect  relative  to  the  detention  of  her. 

We  were  laying  along-side  a  wharf  in  a  harbour,  in  tlie  Menan, 
and  observed  two  schooners  at  anchor  under  the  land.  We 
went  out  and  boarded  an  English  schooner,  on  board  of  which  was  a 
man  belonging  to  the  Rebecca,  acting  as  Pilot;  while  on  board,  the 
schooner  got  under  weigh  and  ran  across  the  Bay  of  Fundy.  We 
gave  chace  to  her,  and  fireu  several  shot  across  her  bows,  to  bring  her 
too;  at  about  half  past  ten  F.  M.  lost  sight  of  her;  on  the  fourth  day 


■*^ 


■'■■f. 


[101] 


18 


afterwards  we  again  fell  in  with  her  at  anchor  in  a  narrow  passage 
n  the  Menan,  boarded  her  and  found  them  cleaning  their  fish,   and 
throwing  the  gurry  overboard.     Mr.  Jones  asked  what  they  were 
doing  there,  they  said  they  had  come  in  for  wood  and  water. 

Ques.  What  quantity  of  wood  and  water  had  they  on  board? 

Ans.  Two  quarter  casks  full  on  deck  and  some  in  the  hold;  but  do 
not  know  the  quantity,  and  had  about  a  cord  and  a  half  of  wood. 

Ques.  H6w  was  the  weather  when  you  detained  her? 

Ans.  Fine  weather  and  a  light  breeze. 

Qucs.  Do  you  know  if  the  wind  was  fair  for  going  to  the  fishing 
ground.' 

Ans.  Yes,  it  was. 

We,  the  undersigned,  have  examined  the  aforesaid  persons,  belong- 
ing to  His  Majesty's  sloop  Dotterel,  taking  the  minutes  of  their  de- 
positions respectijig  the  detention  of  the  American  fishing  schooner 
Rcbecra,  and  we  do  declare,  that  their  evidence  has  been  taken  in  a 
very  impartial  manner,  and  the  persons  aforesaid  have  not  been  bias- 
sed in  any  way  whatever. 

JOHN  COOKE,  Senior  Lieut. 

His  Majesty*s  Sloop  DottereU 
JAMES  AZZARD,  Fursei-,  Ditto. 
RICHARD  BO  ARE,  Commander, 


I  be. 


Evidence  of  Mr.  Touzeaut  Midshipman,  and  the  crew  of  the  yawl 
boat,  belonging  to  H.  M.  sloop  Dotterel,  relative  to  the  detention  of  the 
JLmerican  fishing  schooner**  fFilliam.** 

Mr.  Touzeau,  Midshipman,  examined  relative  to  the  detention  of 
the  American  schooner  •*  William." 

Ques.  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  Ameri- 
can schooner  William? 

Ans.  Yes.  *^ 

State  the  particulars. 

Mr.  Jones  sent  me  with  James  Lloyd,  marine,  on  a  point  of 
land  to  look  out,— we  saw  two  or  three  vessels  working  up: 
observed  one  of  them  anchor  in  the  Gull  cove.  Mr.  Jones  went 
eut  in  the  small  boat  to  board  her;  he  hailed  us  to  come 
along-side  in  the  yawl,  which  we  did,  And  found  Mr  Jones  had 
detained  her.  We  then  took  their  fish-knives  from  them,  having 
heard  by  some  people,  both  on  shore,  and  on  board  some  English  ves- 
sels, that  they  would  oppose  us  in  boarding.  We  unbent  her  sails, 
and  took  them  with  us  in  the  yawl:  also  her  boat. 

Ques.  Do  you  know  Mr.  Jones's  reason  for  taking  her  boat? 

Ans.  Yes:  tu  prevent  her  crew  going  on  shore  to  cxrhango  fish  for 
rum,  knowing  that  another  American  fishing  vessel  had  done  the 
like  with  Mr.  Fowler,*  at  Gull  Cove  the  same  day:  also  to  prevent 
tHeir  getting  water,  as  the  American  fishermen  generally  make  that 
^  pretext  for  coming  in. 

Ques.  What  quantity  of  wood  and  water  had  she  on  board? 


%! 


y^-w- 


-^.■w.^ir-tr-nflti-'  7ipr-.-;r /'■?  ■ 


14 


[1013 


Am.  I  cannot  say  tho  exact  quantity,  but  there  was  sufficient  for 
ber  crew  and  ours  to  carry  her  to  St.  Andrews,  at  which  place  we 
did  not  arrive  till  several  days  after  her  detention. 

Ques.  How  was  the  weather? 

Ans^  Very  fine  with  a  moderate  breeze;  but  after  she  anchored,  it 
came  on  foggy. 

Thomas  Richardson  examined, 

Ques.  W*ere  you  in  the  yawl  with  Mr.  Jones,  when  he  detained  the 
American  schooner  William? 

Ans.  Yew. 

Relate  fM  you  know  respecting  her. 

I  went  with  Mr.  Jones  in  tlie  small  boat  to  board  her:  went  below, 
and  overhauled  what  quantity  of  wood  and  water  she  had  on  board. 

Ques.  What  quantity  of  wood  and  water  had  she? 

Ans.  About  60  gallons  of  water  below,  and  SO  on  deck,  and  about 
a  cord  and  a  half  of  wood. 

Ques.  How  was  the  Aveather? 

Ans.  The  weather  was  moderate  and  hazy,  but  after  she  anchored^ 
it  came  on  foggy. 

James  Uoyd,  marine^  examined,      \ 

Ques.  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  Ameri-> 
can  schooner  William? 
Ans.  I  cannot  recollect  the  vessel's  name,  having  detained  several; 

Felix  Shaw,  marine,  examined. 

Ques.  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  Amcri' 
can  schooner  William? 
Ans.  Yes. 

Relate  the  circumstances  yoii  know  about  her. 
I  cannot  recollect  any  of  the  particulars,  as  we  detained  several. 

John  Cammish,  seaman,  examined. 

Ques.  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  Ameri- 
can schooner  William? 

Ans.  Yes.  Relate  what  you  know  of  the  circumstances.  ]^  is  so 
long  since^  I  cannot  recollect  the  particulars. 

Richard  JS'ewland,  seaman,  examined, 

Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  be  detained  the 
American  schooner  William? 

Ans.  Yes.  Wi 

Relate  what  you  know  respecting  her  detention. 

When  we  fell  in  with  the  William,  she  wfts  laying  in  Gull  Covp. 
Mr.  Jones  asked  what  they  were  doing  there.  They  said  they  came 
in  for  wood  and  water.    Mr.  Jones  detained  her,  unbent  hei^  sails. 


■,'■■'■ 
't'l' 


t 


[1013 


m 


so 


and  took  them  with  us  on  shore  in  the  yawl>  and  likewise  took  their 
•mall  boat  witli  uh. 

Ques.  Do  you  know  the  reason  why  Mr.  Jones  unbent  her  sails? 

Ans.  To  prevent  her,  I  believe,  from  going  to  sea  during  the 
night. 

Quea.  \V  hat  quantity  of  wood  and  water  had  she  on  board? 

Ans.  About  three  barrels  of  water  and  a  cord  of  wood.  ' 

Ques.  How  was  the  weather? 

Ans.  Fine  weather,  with  a  light  breeze. 

Ques.  Do  you  know  the  position  of  the  fishing  ground? 

Ans.  I  do  not  know  the  bearing  of  it  by  compass,  but  I  could  see 
the  vessels  at  anchor  on  the  fishing  ground. 

Ques.  Was  the  wind  fair  for  going  on  it? 

Ans.  Yes.  it  was. 

Ques.  Were  you  in  the  small  boat  when  Mr.  Jones  boarded  her? 

Ans.  Yes,  I  was* 

Ques.  Did  you  hear  the  master  of  the  vessel  assign  any  reason  for 
coming  in  there? 

Ans.  lie  said  they  came  in  for  wood  and  water. 

Jfilliam  Vickeryf  marine,  examined.      # 

Ques.  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  Amer- 
ican Schooner  William? 

Ans.    Yes,  I  was. 

Relate  what  you  know  respecting  her  detention. 

Ans.  I  observed  a  schooner  come  in  and  anchor  within  a  mile  of 
the  shore.  Mr.  Jones  went  out  to  board  her,  and  brought  her  in  the 
Cove,  and  anchored. 

Ques.  Were  you  on  board  the  schooner? 

Ans.  Yes. 

Ques.  What  quantity  of  wood  and  water  had  she  on  board? 

Ans.  I  know  there  was  two  barrels,  but  cannot  say  whether  there 
was  any  more:  was  not  down  in  the  hold,  and  cannot  say  what  wood 
there  was. 

Ques.  How  do  you  know  it  was  the  William? 

Ans.  I  saw  the  **  William  of  Addison"  on  her  stern. 


■tr 


■•?. 


John  Lloydf  seamaut  examined. 


'iw.i-  • 


Ques.  Were  you  in  the  yawl  when  Mr.  Jones  detained  the  Amer- 
ican schooner  William? 

Ans.  Yes,  I  was.  ^ 

Relate  the  particulars. 

I  was  with  the  greater  part  of  the  crew  encamped  on  a  point  of 
land:  observed  a  schooner  come  in,  and  anchor.  She  was  boarded, 
but  cannot  recollect  whether  it  was  by  Mr.  Jones  or  Mr.  Touzeau. 

Ques.  Were  you  on  board  the  schooner? 


16 


C  101  ] 


I 


y.. 


Pi 


Ans.  YeSy  I  was.    I  went  off,  and  assisted  in  unbending  her  sails. 

Qiies.  Do  you  remember  what  quantity  of  wood  and  water  alio 
bad  on  board? 

Ans.  I  do  not  perfectly  recollect  the  quantity,  but  there  was  one 
cask  handed  up  half  full,  which  they  said  they  were  going  to  get  filled 
on  shore,  but  were  prevented  by  Mr.  Jones. 

Ques.  Did  you  hear  any  of  the  crew  say  their  reason  for  coming  in? 

Ans.  Yes:  for  wood  and  water. 

Ques.  How  was  the  weather? 

Ans.  Fine  weather,  and  a  fresh  breeze. 

John  CheesCf  seamaitt  examined. 

Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  Schooner  William? 

Ans.  Yes,  I  was. 

Relate  all  you  know  about  her. 

Ans.  I  was  sick  iu  a  tent  on  shore,  and  do  not  know  any  of  the 
particulars. 

William  Payne,  marinCf  examined 

Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained 
the  American  Schooner  William? 

Ans.    Yes. 

Relate  all  you  know  of  the  particulars. 

Ans.  I  went  oh  board  with  Mr.  Jones  in  the  small  boat  to  ex- 
amine her.  Mr.  Jones  detained  her,  unbent  her  sails,  and  took  them 
on  shore. 

Ques.  Do  you  know  what  wood  and  water  she  had  on  board? 

Ans.  I  cannot  say. 

Ques.    Did  you  drink  any  of  the  water  qn  board  of  her? 

Ans.  Yes,  I  did. 

Ques.  How  was  the  weather? 

Ans.  Fine,  with  a  strong  breeze. 

W^e,  the  undersigned,  have  examined  the  aforesaid  persons,  belonging 
to  His  Majesty's  sloop  Dotterel,  taking  the  minutes  of  their  deposi- 
tions respecting  the  detention  of  the  American  fishing  Schooner  WiU 
liam;  and  we  do  declare  that  their  evidence  has  been  taken  in  a  very 
impartial  manner,  and  that  the  persons  aforesaid  have  not  been  bi- 
assed in  any  way  whatsoever. 

JOHN  COOKE, 
Senior  Lieut  His  MtjesUfa  sloop  Dotterel. 
JAS.  AZZARD, 
PurseVf  Ilis  Majesiifs  sloop  Dotterel, 


I  iOI  1 


17 


Eviience  of  Mr,  Timxeaui  mUtMpmJh  mud  the  enw  qf  tht  yawl  hoat 
hdonging  to  H.  M,  aloop  Jhttertl,  r^tiv$  to  th$  ietentpn  ^  the 
Jimmcanjkhing  aclmwir  Gfl<Mii* 


JIfr.  IbuMtttt  examined; 


•SjjU 


Ques.  Were  yoti  in  tb«jawl  when  Mr.  Joiei  detained  the  Amerr- 
canicbooner  Oaleon.  .  .    , 

Ana.  Yes,  I  was.  ""  J        i  .> ;      .■ 

Relate  the  particularf  respecting  her  detention*  ^ 

While  at  Gull  |Cove,  Mr.  Jones  went  out,  one  erenini;  in  a 
email  boat  to  cruize.  About  U  P.  M.  Mr.  Joiiea  returned  with  an 
American  schooner  which  he  had  detained.  Next  morning  abqut  8 
o'clock.  MK  Jones  sent  me  on  board  tbe  ualeon  to  take  charjre  of  her; 
about  9  o'clock  we  got  ufider  weigh,  and  made  sail  for  Btf  Andrews^ 

Ques.  Do  you  kriuw  Mi*.  Jones's  reason  for  detailing  her? 

Ans.  I  believe  for  their  having  broken  tbe^treaty;  blit  do  not  know^ 
the  particulars,  as  I  was  letlt  on  shore  in  cl|arge  of  the  yawl.  ^, 

Ques.  How  was  the  weather?  <^# 

Ans.  I  believe  it  was  a  fine  clear  night 

Ques.  Wh?t  quantity  of  wood  and  water  had  she  on  board?, 

Ans.  I  cannot  state  the  qnantity :  but  we  used  frtim  it  for  some  days 
after  ^^et.  detention. 

Ques.  How  was  the  wind? 

Ans.  From  the  Northward,  and  t  think  I^orth  by  West.  ,. 


r 


Unmqs  BkhardiOH  ejnimtneif.«|^ 


^aea.  Were  you  in  the  yawl  with  Mr.  Jones  wl^en  he  detained  thfk 
American  schooner  Oaleon?  •'^iVh'i 

Ans.  Yes.  >.  .'  * 

Relate  what  you  know  respecting  her  detention. 

I  went  in  a  small  boat  with  Mr.  Jones,  and  pitlled  out  of  Gull 
Cove;  boarded  two  English  schooners,  who  informed  us  that .  an 
American  srh**  oner  was  lying  under  the  land,  which  vessel  we 
boarded,  and  found  the  crew  below  asleep.  Mr.  Jones  asked  them 
vhat  they  came  in  for:  their  reply  was,  tot  wodd  and  water,  and 
that  they  had  got  it  that  afternoon.  Mr.  Jones  then  asked  them 
their  reason  for  not  going  away:  they  said  they  were  waiting  f(ur  wind 
mnd  tide.  We  then  got  her  under  weigh,  and  ran  her  to  Gull  Gove^ 
which  place  lay  between  us  and  the  fishing  g^nhd.  ,  .14/ ;^, 

Quel.  !>o  yaw  know  the  position  of  the  fishing  ground?  '    f 

Ans.  ¥es:  I  could  see  it  from  GairCove.  .s- f»r»  lu  ^rts*^- ■, ». 

Ques.  Wastlie  wind  fair  for  the  Galeon  to  proceed  to  fKe  banks?    >^ 

Ans.  Tee,  it  was. 

Quea.  Do  you  know  the  passage  from  Gulf  Cove  to  tite  fishing 
banks? 

Ans.  Yes:  a  clear  passage  outside  the  Black  Kedgd  towards  the 
banks. 


:'S<^; 


>•• 


'/^¥ 


■i^-;- 


Wf" 


fe  - 


:^. 


18 


1 101  3 


V  Qaes.  What  kind  of  waather  was  it?  ■    .    ■    .  h. 

''^'  Ans.  Very  fine  and  clear,  with  moderate  breezen. 

Ques.  What  quantity  of  wood  and  water  had  the  Galeon  on  board? 

Ans.  I  do  not  know  the  quantity:  but  observed  three  or  four  casks^ 
and  a  quantity  of  wood. 

ii^^hiiA  WiUiav^  Payne,  marine,  eacamiiied 

Qaes  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooner  Galeon? 

Ans.  Yes.  '^  '    "  '[  '^ 

■■'  Relate. the  particulars  respecting  her  detention. 
"I  went  with  Mt.  Jones  in  a  small  boat  in  the  afternoont  (the 
day  of  tiie  month  I  do  not  remember^  and  boarded  an  English  schoon- 
er, where  we  were  infhrmed  an  American  fishing  schooner  was  ly- 
ing under  the  land:  we  boarded  her,  and  found  the  crew  all  below; 
Mr.  Jones  asked  them  their  reason  for  being  there:  they  replied, 
they  came  in  for  wood  and  water.  He  then  asked  them  why  they 
did  not  go  away  when  they  -had  got  it.  They  said  they  were  going  at 
day  light.  We  detained  the  schooner,  and  took  her  to  Gull  CoTe» 
and  on  the  following  morning  got  under  weigh  for  St.  Andrew's* 

Question.    Do  you  know  the  position  of  the  fishing  banks?      t^fi^  > 

Answer.    Yes.     I  could  see  the  vessel  on  the  banks. 

Ques.  Was  the  wind  fair  for  the  Galeon  to  proceed  to  the  banks? 
"^  Ans.  Yes:  for  the  banks  \ie  nearly  in  a  line  with  Gull  Gqve,  frojn 
where  we  detained  the  Galeon.  r^^^t^  ^'^iV  :^il^  - 

Ques.  On  what  quarter  was  the  wind  when  you  run  towards 
Gull  Cove?  ^ 

Ans.  Very  near  before  the  wind:  we  came  close  to  the  Cove,  and 
then  we  hauled  up  into  the  Cove.    ^''^Mj^^%.  ■  ,    •  ':'-jM  ■  ^>^«>£  ':ff 

Ques.     How  was  the  weather?  '■■''''"' ^'^!l^:^*^;^,^'t 

Ans.    Fine  clear  weather,  and  fresh  breezes.       '     '  **       '^''  * 
, .  Ques.    What  quantity  of  wo6d  and  water  had  the  Galeon  on  board 
when  detained? 

Ans.  She  had  two  casks  of  water  on  deck,  and  a  great  quantity  of 
wood.  ' 

,'""'■"  Felix  Shaw,  marine,  examined,  /,*ii. 

\  Ques.    Were  you  in  the  yawl  with  Mr.  Jones^  when  he  detained 
the  American  schooner  Galeon?      >  i 


li 


•■:*>■ 


"s. 


'.-^  . 


Ans.    Yes. 

Relate  the  particulars.      !'<f*~ 

I  was  one  of  the  crew  of  the  small  boat  that  went  out  with  Mr. 
Jones  in  the  afternoon,  (the  day  of  the  month  I  do  not  recollect) 
boarded  an  English  schooner  near  Gull  Cove,  who  said  that  we  had 
better  keep  a  good  lood  look  out,  or  we  should  get  a  good  hand- 
spiking  from  the  American  schooner  then  lying  in  shore.  vVe  shortly 
after  boarded  the  American  schooner  Galedn.  Mr  Jones  asked  them 
what  they  were  doing  there.  They  said  they  came  in  for  wood  and 
water}  and  had  got  it  that  afternoon.   Mr*  Jones  asked  them  if  they 


C10I3 


iS 


.^ 


>*  V> 


had  their  wood  and  water,  why  they  had  not  gone  to  sea.  Their 
reply  was,  they  did  not  think  it  worth  while  to  go  to  sea  that  nirht, 
and  the  master  requested  Mr.  Jones  to  let  him  go  that  time,  and  he 
would  not  come  in  again.  We  then  got  under  weigh  and  tooic  her  to 
Gull  Core  for  that  night.  Onis  of  the  crew  was  very  abusive.  We  af- 
terwards carried  her  to  St  Andrew's. 

Ques.    Do  vou  know  the  position  of  the  fishing  grounds? 

Ans.    No,  1^0  not.  ,'-;''  .; 

Ques.    How  w^.s  the  wind  when  you  ran  for  Gull  Cover 

Ans.    K  fair  wind,  and  fine  clear  weather.  ^         > 

Johnlioyd,  seaman,  examined,         '     T  1 

Ques.    Were  you  in  the  yawl  with  Mr.  Jones,  when  be  detained 
the  American  schooner  Galeon? 
Ans.    Yes.  ,'^*-v'.      »..rr.!a-.i~Ai.'.!''.L,v'.  ,;t;r,:  ..'',}' '^^   •■  si 

Relate  the  particulars  respelcting  ner  detention.        '  ' 
When  at  Gall  Cove,  we  observed  a  schooner  run  in  and  anchoK  Wo 
boarded  her  in  the  small  boat,  which  proved  to  be  English.     They 
told  us  that  the  Galeon,  American  fishing  schooner,  waslaj'ing  at  an 
anchorage  then,  about  three  or  four  miles  uflf.    We  then  left  the  Ehg- 
lish  schooner  and  boarded  the  Galeon.    I  was  left  as  boat  keeper,  and 
cannot  state  what  passed  on  board.  Shortly  after,  she  was  got  under 
weigh,  and  ran  to  Gull  Cove.  One  of  the  crew  of  the  Galeon  was  very 
abusive  to  us;  she  was  afterwards  taken  to  St.  Andrew's  by  Mr.  Jones. 
Qifes.    Do  you  know  the  position  of  the  fishing  ground? 
Ans.    No  I  do  not. 

How  was  the  wind  for  Gull  Cove? 
A  fair  wind. 
How  was  the  weather? 
Fine  clear  weather. 

What  quantity  of  wood  and  water  had  the  Galeon  on  board? 
I  do  not  know.  ,  i; 

:  T  '      James  Uoyd,  marine,  examined,  ''    ::-;r  ^■ 

Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooner  Galeon  ?  v^irn    v  , 

Ans.  I  was  in  the  yawl  when  he  detained  some  American  fishing- 
schoonersi  but  cannot  recollect  their  names. 

John  Cammishf  Seamun,  examined. 

Qaes.  Were  you  in  the  yawl  with  Mr  Jones  when  he  detained  the 
American  schooner  Galeon  ? 

Ans.  Yes.  r-^w- 5*^1*.  A*i«.   .jfurtim   i-t*,,:::\^vu  Tfi^r 

Relate  what  you  know  respecting  her.  "  -^ 

It  is  so  long  since  that  I  cannot  recollect  any  particulars. 

Richard  JS'ewland,  Seaman,  examined. 


Ques. 

Ans. 

Ques. 

Ans. 

Ques. 

Ans. 


■■t-i 


*.1* 


I'lVi 


■,t 


i«t.  .sJqfcS,:; 


ff 


-^iT-r  V  *,'  tM'  >»    ''■ 


Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooner  Galeon  ? 


Vi 


-;y^»"' 


30 


[101] 


iff 


*„  RelaU  wb«t  you  know  respecting  her  detention. 

I  WM  left  in  a  tent  on  shore  at  Ooll  Cove,  and  recollect  Mr.  Jones 
folnf^  out  in  a  small  boat,  and  bringing  the  Galleon  into  OuU  Covd. 

Ques.  How  was  the  weather  ?  . 

'  Ans.  Fine  weather,  with  a  light  br«eze*'    "' 

Ques.  Did  you  go  in  tlie  Galeon  to  St.  Andrews? 

Ans.  Tes. 

Ques.  Do  you  know  what  quantity  of  wood  and  water  she  had  on 
board? 
^N.  Ans.^  She  had  four  casks  of  water,  and  about  two  cord  of  wood. 

<  '■■■•' 

John  Cheete,  Seaman,  txatnined,  .  •' 

Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooner  Galeon?  ,.    ^-  . 

;,  Ans.  Yes.  '       '    '  ''''"■       -;•,•#'    ■  

^^  Relate  all  you  know  respecting  her  detention.    \  ;  * ! *>»'  •  "^'-^ 
\-  I  cannot  state  the  particulars,  as  i  was  in  a  tent  sick  on  shore. 


i  'v*'»"l'"#^^v..-,ni»  i..'.;,f;,t, 


WUliam  Vickery,  iMarine,  examined. 


*!>•■ 


'■#      «.- 


Ques.  TTere  you  in  the  ysiwl  with  Mr.  Jones  when  ha  detained  the 
American  schooner  Galeon? 
;r^''' Ans.  Yes.  ;  ••«?r- ..    ■•••■.  .•■5/;' '  ^^f  II 

'^'r'U  Relate  what  you  know  respecting  her  detention. 

I  was  left  on  shore  in  the  tent;  Mr.  Jones  went  out  in  the  small 
boat,  and  brought  in  the  Galeon  in  the  evening. 
V^      Ques.  How  was  the  weather?,;|3i?'^S*ilF'yr.k      i/,"^  <» 

f'.-jA"*  Fine  weather. 

}      Qes.  Were  you  one  of  the  crew  th^  took  the  Galeon  to  St  An- 
"   drows? 
'V  -  Ans.  Yes. 

.^^.'Quesp  What  quantity  of  wood  and  water  had  she  on  board? 
*      Ans.  Two  casks  of  water  on  deck  and  one  in  tb<;  hold«  and  plenty 
ofwtod.    _  ':   ;   :;^^^^^.  ia*^-:  :*'^'te4^4t:^^'^'-<'-:;i»:'' 

We,  the  undersigned,  have  examined  the  aforesaid  persons^  he- 
longing  to  H.  M.  sloop  Dotterel,  taking  the  minutes  of  their  depo- 
sitions respecting  the  detention  of  the  American  fishing  schooner 
Galeon;  and  we  do  declare,  that  their  evidence  has  been  taken  in  a 
very  impartial  manner^  and  that  they  have  not  been  biassed  in  any 
way  whatever.  :^^;" 

JOHN  COOKE, 
Senior  Lieut.  His  Majesty'' a  sloop  DottereL 
.4f,  JAS.  AZZARD, 

|rf',»^j^>«;'|,v  r     t     •  ..  .    ,         '/a       Parser  Uis  Mnjtaty*s  shop  Dotterel' 
*     *  v:  RICHARD  HOAKK,  t'owwiifliJt/fr. 


tv 


i:.' 


r  [  ioi  ] 


91 


Evidenuofthe  crew  of  the  DottereVt  tender trdative  to  the  detention^ 
.  »j\  the  American  fiehmg  schoonere  Hero  and  JHlgrinu  ' » 

^t  •»;■'■  •  ' 

/,/»^f»^     '  WUUam  Payne,  nunine,e3Bamined, 

■  ■..;'.» 

%ttet.  Were  you  in  the  Dotterel's  tender  with  Mr.  S.  R.  Prothe^ 
tne  when  he  detained  the  American  ftnhing  schooner  Hero  and  Vii- 
grim? 
. Ans.  Yes,  -^ i«-  •«»'-  ^.i^ fjp , . ^  .,• 

Relate  the  particulars  respecting  tlicir  detention. 

I  first  saw  the  Pilgrim  about  two  miles  froni  the  land  fishing)  made 
the  best  of  our  way  to  close  her,  and  boarded  her,  having  live  ftsh  on 
her  deck.  Mr.  Protlieroe  aulied  them  what  business  thejr  had  to  fish 
in  our  waters.  They  replied  they  thought  it  was  not  in  our  waters. 
Mr.  Protheroe  then  said,  I  shall  detain  you,  and  take  you  to  St. 
John's.  I  was  directed  by  Mr.  Protheroe  to  take  charge  of  the  Pil- 
grim,  ^ith  another  seaman,  and  to  follow  tiint;  I  afterward  observed 
the  tender  board  another  schooner,  which  pi-uved  to  be  the  Hero. 

Ques.  What  distance  was  the  Hero  from  the  land  when  Mr. 
Protheroe  boarded  her?  -  ^.f;  i  ,  v   " 

,    Ans.    About  two  miles.       *    '.  '.  *    ; 

'  "*'   State  what  followed  after  leaving  the  Menan. 

We  anchored  in  Beaver  harbor  with  the  Hero  and  Tender, 
and  afterwards  proceeded  the  same  day  and  anchored  in  Mason's  bay. 
Late  one  evening  Mr.  Protheroe  sent  us  our  evening's  grog,  and  my 
having  the  middle  watch  I  went  below  and  laid  down  on  tite  lockers 
to  sleep.  In  the  middle  of  the  niglit  I  was  awoke  by  the  motion  of 
,  the  vessel,  and  endeavored  to  get  on  deck,  but  could  not,  as  the  com- 
panion hatch  was  secured  down  against  me.  I  then  forced  it  open, 
and  went  on  deck,  and  found  the  vessel  under  weigh  in  the  possession 
•f  1^  Americans.  The  seaman  with  me  refusing  his  assistance,  Ii 
was  obliged  to  submit,  and  forcibly  carried  to  Lubcc,  where  they 
allowed  me  to  go  on  shore.  From  thence  I  made  the  best  of  my  way 
to  St  John's,  and  re-joined  the  Dotterel,  c*  fc'f ^Vt  4*pf|.  .• 

Quesn  DM  you  at  any  time  hear  Mr.  Protheroe  make  use  of  any 
abusive  language  to  the  Americans?  ..  . 

Ans.    No.  ^■:  .^t^'  ^-^-l  -'    -  . 

Qaes.  Did  you  hear,  or  know,  that  Mr.  Protheroe  at  any  time 
compelled  the  Americans  to  assist  in  working  tlie  vessel? 

Ans.    No.    But  they  did  assist  with  their  own  free  wilL  '<  >  -^'nm- 

*'i^:  H  ^f-    ,   '        John  Bonovanf  seamanf  examined,  '.  ,.    .     .  -f-^iij-. 

Ques.  Were  you  in  the  Dotterel's  tender  with  Mr.  Protheroe 
when  he  detained  the  American  schooners  Hero  and  Pilgrim?* : 

Ans.    1  es. 

Relate  all  the  particulars  you  know  relative  to  their  detention. 

We  fell  in  with  the  Pilgrim  while  running  into  the  Menans.  I 
think  she  was  abnv.l  a  mW?  and  a  half  fronj  tbe  land:  saw  them  haal- 


•^.•'.fc 


_■(,.  -_  _-  ■■-  r*  ■ 


22 


C  101] 


infr  lip  flflli,  ftn<l  'vn  TinartUng  her,  found  livo  fish  on  her  deck.  Mr. 
Pit  <oe  said  In-  nIiouM  detain  her  for  flflhinK  in  our  waters.  We 
sent  u..  len  on  board  her  to  talie  charge.  Wo  then  made  HaU  for 
another  schooner,  whirh  proved  to  he  the  Hero.  When  we  boarded 
her  flho  was  about  a  mile  and  u  lialf  from  the  land  with  linrs  ov«M'b<<ard 
fishing:  and  bad  live  fiHh  in  the  hold.  Mr.  Protheroe  tasked  t)icini 
what  they  had  li^cn  doing  close  in  shore,  with  their  sails  down.  A 
man  named  WiInom,  said  fbcy  had  been  cleaning  fish  on  shore.     I 

us  sent  on  board  the  Heru,  with  another  man  to  take  charge,  and  to 
follow  the  tender  and  Pilgrim,  which  wo  did,  anchoring  each  night 
till  our  arrival  in  Mason*s  bay.  at  which  ]>lace  the  Pilgrim  made 
her  escape  in  tiie  night.  Wc  afterwards  proceeded,  anchoring  each 
night,  till  wo  arrived  at  St  John's. 

Qiies.    What  quantity  of  wood  and  water  had  the  Hero  on  board  ' 

Ans.    Two  casks  of  water  and  some  wood:  the  quantity  I  car*it.>t  , 
•ay. 

Ques.  Did  you  at  any  time  hear  Mr.  Prothorue  make  use  ui  .lu/ 
abusive  language  towaitls  the  Americans?.^^    •  ,,,a,,-,     f 

Ans.     No.  I  did  not  '  ,«,., 

Qnes.    Did  Mr.  Protheroe  compel  any  Americans  to  work? 

Alls.    No,  not  to  my  knowledgo,  but  they  continued  assisting  the   * 
working  of  the  vessel  with  their  own  free  will.  ,  ,^     *  :  ::HI 

Thomas  Cassady,  seaman,  examined,  •  v,'    j  ^     jt*'  ^>*<^ 

Ques.    Were  you  in  the  Dotterel's  tender  with  Mr.  Protheroe 


when  he  detained  the  Amerif'nn  schooners  Horo  and  Pilgrim? 

Ans.  Yes. 

Relate  all  the  partirnlars.  "    .       ' nf'f 

'  We  were  running  in  lor  the  Menan  and  boarded  the  Pilgrim  Ame- 
rican Schooner,  about  a  mile  or  a  mile  and  quarter  from  the  land, 
fishing.  Mr.  Protheroe  asked  what  business  they  had  fishing  there, 
as  they  were  within  three  miles  of  the  land.  The  answer  was,  they 
did  not  know  they  were  within  the  limits.  Mr.  Protheroe  detained 
her,  and  put  two  men  on  board  to  take  charge,  and  we  proceeded  to 
board  another  schooner,  which  proved  to  be  the  Hero,  about  two 
miles  from  the  land. 

Ques.  Did  you  hear  Mr.  Protheroe  ask  the  '  -Ast'^'^  of  the  Hero,  if 
he  could  assign  any  reason  fnr  being  so  near  tbe    u)  <    ^ith  her  snils 

down?  •'  isi^,^*         * 

Ans.  Yes,  but  did  not  hear  the  reply.  ^  ^t      '^^''-      *  -  •  • 

Ques.  What  became  of  the  Hero? 

Ans.  Mr.  Protheroe  sent  two  men  on  board  her,  to  take  charge, 
;i  <!  we  proceeded  to  Mason's  Bay,  anchoring  each  night  in  tho  tender, 
wlL  tVc  Hero  and  Pilgrim  in  company,  at  which  place  the  Pilgrim 
i'-?i'o  'or  esj/^)o  in  tlse  night:  afterwards  we  proceeded  to  St.  John's^ 
lu  th'^   .0' .'.!*,.-,  with  the  Hero,  where  slie  was  delivered  over  to  th» 

Ques.  Did  you  at  any  time  hear  Mr.  Protheroe  use  any  abusive 
language  to  the  Americans? 


*v- 


[101] 


3S 


•A 


t    . 


ye 


Ans.  No,  fu  ill  not 
'   Ques.  Did  Mr.  Frotheroe  compel  the  Americana  In  the  tender  to 
work? 

Ans.  No,  he  Ji'^  not*  but  they  soraetimeg  voluntarily  omritted  in 
working  tlit'  tender. 

Qucs.  Did  >  XI  at  any  uiiic  know  Mr.  Frotberoe  to  put  the  Ameri- 
cans  on  one  m«ai  u  day,  or  know  thetii  ti>  fare  worse  than  the  tender's 
crew? 

Ans.  No,  we  all  mesKcd  alike,  liaving  the  allowance  of  the  Brttisl^ 
Navy,  excepting  spirits,  for  part  of  the  time,  which  was  all  used,  ami 
I  know  Mr.  Frotheroe  to  have  fretjuunUy  given  thctn  rum  from  bit 

own  private  stock.  i ; 

,  '■.'.•  , 

Thomas  Bussel,  seaman,  examined'  ' 

Ques.  Were  you  in  the  Dottci-cl's  tender  with  Mr.  Frotheme, 
when  he  detained  the  American  schoonei^  Uci-o  and  FUgrim? 

Ans.' Yes.  ^y-r     f'^ 

Relate  all  the  particulars. 

In  running  from  Grand  Fassage  to  Grand  Menan,  observed  two 
schooners  lying  at  anchor,  one  of  which  got  iir  <lur  weigh,  and  stood  in 
shore.  We  made  the  best  of  our  way  to  close  lu:r.  1  observed  her  with 
lines  over-board  fishing.  We  tlien  boarded  ht't-,  which  proved  to  be  the 
Pilgrim,  American  fishing  schooner.  She  had  at  Mi«  time  live  fish  on  her 
deck.  Mr.  Frotheroe  detained  her,  and  put  two  ii  unds  on  board  to  take  • 
chai'ge,  she  then  being  within  a  mile  oi  the  short .    Observed  another 
schooner  make  sail  from  in  shore,  fi'om  the  Northward:  stood  for  b«r,  ^ 
fired,  brought  too,  and  boarded  tlie  American  fisliing  schooner  Hero. 
Mr.  Frotheroe  then  asked  the  master,  what  they  bad  been  doing  in 
shore;  a  man  named  Wilson  said,  we  have  been  on  shore  cleaning  fish. 
Mr.  Frotheroe  detained  Iter.  On  our  way  to  St.  John 's,  anchored  under 
the  Eastern  Wolves;  as  we  were  going  in,  obser>  d  two  schooneri  tf- 
about  a  mile  off  us.     Mr.  Frotheroe  hailed  the  Filgrim  for  her  boat^  ^^ 
which  was  brought  to  us  in  the  tender  by  a  boy,  wIm)  requested  Mr.  ' 
Frotheroe  to  be  allowed  to  pull  him  on  board  the  aforesaid  schooner,  s 
Mr.  Frotheroe  with  a  man  and  the  boy,  proceeded  to  ^ard  these  ves-  '  ■*) 
sels.     We  then  with  the  Hero  and  Filgrim  in  compan  ',  proceeded  for 
St.  John's,  anchoring  each  night,  till  we  arrived  in  Mason's  Bay: 
where  the  Pilgrim  effected  her  escape  during  the  niglit.    Afterwards 
we  proceeded  in  the  tender,  Hern  in  company,  to  St.  Joim's,  where  tlie 
Hero  was  delivered  up  to  the  Custom-house. 

Ques.  Did  you  at  any  time  hear  Mr.  Frotheroe  make  use  of  abu- 
sive language  to  the  Americans?  .*  '  ^^*  '     ^     -^f¥     ' 

Ans.  No. 

Ques.  Did  you  at  any  time  hear  Mr.  Frotheroe  threaten  to  ill-use 
or  maltreat  the  Americans  on  board  tiie  tender? 
Ans.  No,  I  did  not 

Ques.  Did  Mr.   P-otheroe  compel  the  Americans  to  work  in  the 
tender? 

Ans.  No;  but  they  did  sometimes  assist  voluntarily. 


'\ 


K?T? 


H 


[lOi] 


Qaes.  Bid  you  at  ^npr  time  know  Mr.  Protheroe  to  put  the  Aio«ri- 
cans  on  one  meal  a  day,  or  knpw  them  to  fare  worse  tliaa  the  ten- 
der's crew?  ^  ft 

Ana.  No.  Mr.  Protheroe  never  interfered  about  the  prisoners,  and 
we  all  messed  alike,  having  the  established  allowance  oi  the  British 
navy,  ipccepting  spirits  for  part  of  the  time,  which  had  been  all  used; 
and  I  know  Mr.  Protheroe  to  have,  frequently  given  them  rum  from 
his  own  private  stock.  - 


Samuel  Qoodaneu'f  marinii,  examined. 


Ques.  Were  yon  in  the  Dotterel's  tender  with  Mr.  Protheroe,  when 
he  detained  the  American  schooners  Hero  and  Pilgrim? 

Ans.  Yes 

Relate  all  the  particulaiv  respecting  tlieir  detention.  .  ^ 

In  standing  over  from  Grand  Passage  to  Grand  Menan,  ob- 
served two  schooners  at  anchor,  one  of  which  got  under  weigh  and 
stood  in  shore;  made  the  best  of  our  way,  and  boarded  the  Pilgrim 
about  two  miles  from  the  land,  to  the  best  of  my  judgment.  I  did  not 
go  on  board  her,  but  she  was  detained  by  Mr.  Protheroe,  and  two 
iianda  put  on  board  to  take  charge.  We  then  made  sail  and  board- 
ed the  Hero,  then  about  a  mile  and  a  half  from  the  shore.  Mr.  Pro- 
theroe inquired,  what  they  had  been  doing  in  shore  with  their  sails 
down.  A  man  by  the  name  of  Wilson  said,  they  had  been  on  shore 
cleaning  their  fish.  Mr.  Protheroe  detained  her,  and  put  two  hands 
on  board  to  take  charge.  Proceeded,  anchoring  each  night,  to  the 
Eastern  Wolves.  In  going  in,  observed  two  schooners  about  two 
miles  from  us;  took  the  Pilgrim's  small  boat  and  boarded  them*  Mr. 
Protheroe,  myself,  and  the  American  boy,  who  [we]  bronght  on  board 
the  boat,  who  was  allowed  to  gQ  by  his  own  request*  We  then  pro- 
ceeded to  Mason's  Bay,  anchoring  each  night,  with  the  Hero  and  Pil- 
grim in  company,  at  which  place  the  Pilgrim  got  away  during  the 
night  We  afterwards  proceeded  to  St.  John's,  with  the  Hero  in 
company,  which  vessel  was  delivered  to  the  custom-house  at  that  place. 

Ques.  Did  you,  at  any  time,  hear  Mr.  Protheroe  make  use  of  any 
abusive  language  to  the  Americans? 

Ans.  No,  I  did  not  I  must  have  heard  it  had  it  taken  place,  asI^ 
never  left  the  tender.  't^  .i 

Queil.  Did  Mr.  Protheroe  compel  the  Americans  in  the  tender  to 
work?  ^^ 

Ans*  No,  they  sometimes  assisted  wiih  their  own  consent 

Ques.  Did  you,  at  any  time,  hear  Mr.  Protheroe  threaten  to  ill*us« 
or  maltreat  the  Americans  on  board  the  tender?  '  ^.. 

Ans.  No,  I  did  not,  but  must  have  beard  it  had  it  happened. 

Ques.  Did  you,  at  any  time,  know  Mr.  Protheroe  to  put  the  Ameri- 
cans on  one  meal  a  day,  or  to  fare  worse  than  the  tender's  crew? 

Ans.  No.  We  messed  all  alike,  having  the  establish<Ml  allowance 
of  the  British  navy,  excepting  spirits,  which  we  drank  during  the  bad 
weather.  •  i  knov;  Mr.  PnitheroiB  ^o  have  given  them  spirit!^  frnm  his 


i 


he 


L  101  J  i 


21^ 


fez- 


and 
itish 
Bed; 
Vom 


vhen 


ob- 
I  and 
glim 
d  not 
i  two 
oard- 
.Pro- 
sails 
shore 
hands 
to  the 
it  two 

Mr. 
board 
a  pro- 
id  PU- 
Agthe 
eroin 
place, 
nf  any 

B, -asl, 

tder  ta 


jt  •. 


'"■  i 


ill*us* 


imeri-: 

kwance 
;he  bad 
itn  his 


own  iltock.    I  was  the  person  who  attended  Mr.  ProtherMi  sAd  gave 
the  spirits  to  them  myself,  by  his  direction.  ^ 

John  fFake,  mariner f  examined*    •  V  •*■ 


t 


-%*■,. 


Ques.  Were  you  in  ttie  Dottei>cl*s  tender  when  Mr.  Protheroe  de- 
tained the  American  schooners  Hero  arid  Pilgrim?  ra^f*  ,   ^ 

Ans.  Yes,  I  was.  '• 

Relate  all  the  particulars  respecting  their  detention. 

In  running  from  Grand  Passage  to  the  Grand  Menan,  observ- 
ed two  schooners  lying  at  anchor;  one  of  which  got  under  weigh 
and  stood  in  shore,  which  vessel  was  cliased;  observed  her  fishing 
and  hauling  live  fish  in;  boarded  her,  which  proved  to  be  the  Amer- 
ican schooner  Pilgrim.  She  had,  at  the  time,  live  fish  on  her  deck. 
Mr.  Protheroe  detained  her,  and  put  on  board  two  hands  tif  take 
charge  of  her,  she  then  beipg  about  two  miles  from  the  tshore,  to  the 
best  of  my  judgment.  We  then  chased  another  schooner  which  had 
made  sail  m)m'  in  shore;  boarded  her^  then  about  a  mile  and  a  half 
from  the  land;  proved  to  be  the  Hero,  American  fishing  schooner.  Mr. 
Protheroe  asked  t!iem  what  they  were  doing  in  shore;  a  man  by  the 
name  of  Wilson  said,  they  had  been  on  shore  cleaning  their  fish.  Mr. 
Protheroe  detained  her,  and  put  two  hands  on  board  in  charge  of  her. 
We  then  proceeded  with  the  schooner  to  Mason's  Bay,  anchoring  each 
night,  when  tiie  Pilgrim  made  her  escape  in  the  night.  We  then  pro- 
ceeded to  St.  John's  in  the  tender,  with  the  Hero  in  company,  at 
which  place  she  was  delivered  over  to  the  custom>house. 

Ques.  Dirl  you,^  at  any  time,  liear  Mr.  Protheroe  make  use  of  any 
abusive  language  to  the  Americans  on  boai'd  the  tender? 

Ans.  No,  I  did  not. 

Ques.  Did  Mr.  Protheroe  compel  the  Americans  in  the  tender  to 
work? 

Ans.  No,  he  did  not;  they  helped  to  work  the  tender  by  their  own 
accord. 

Ques.  Did  you  know  Mr.  Protlieroe  ill-use  or  maltreat  the  Amei^- 
icans  on  board  the  tender? 

Ans.  No. 

Ques.  Did  you  know  him  put  die  Americans  on  one  meal  a  day,  or 
fare  worse  than  the  tender's  crew ' 

Ans.  No,  they  ate  and  f^rank  with  us.  We  had  the  established  al- 
lowance of  the  British  navy,  except  spirits,  part  of  the  time,  which 
had  been  used  during  the  bad  weather.  I  recollect  once,  Mr.  Pro- 
theroe giving  them  a  part  from  his  own  private  stock. 


>** 


..i\ 


John  Cole,  seaman^  examined* 


Ques.  Were  you  in  the  Dotterel's  tender  with  Mr.  Protheroe,  when 
he  detainsd  the  American  schooners  Hero  and  Pilgrim?  ■''■      -^ 
Ans.  Yes. 
Mclato  tut  the  particulars  you  know  respecting  their  detention. 


36 


[1013 


m. 


.% 


When  running  from  Grand  Passage  to  the  Grand  Menan,  observed  a 
schooner  about  two  miles  from  the  land,  fishing.  We  boarded  her, 
which  ]»roved  tci  be  theiPilgrim,  American  fishing  schooner.  1  saw  live 
fish  on  hsr  deck.  Mr.  Protheroe  detained  lier,  and  put  two  hands  on 
boaitl  to  take  charge  of  her.  We  then  made  sail  and  boarded  another 
schooner,  tlie  Hero.     Mr.  Protheroe  detained  her  also. 

Ques.  Do  you  know  what  Mr.  Protheroe  detained  her  for? 

Ans.  No,  I  do  not  I  did  not  hear  any  questions  put,  as  1  was 
getting  my  clotltes  to  go  on  board  the  Hero.  We  then  made  sail,  in 
company  with  the  tender  and  Pilgrim,  llnd  proceeded  to  Mason's  Bay, 
at  which  place  the  Pilgrim  effected  her  escape  during  the  night.  We 
afterwards  went  to  St;  John's,  with  the  tender  anu  Hero  in  company, 
4|t  which  place  the  Hero  was  delivered  over  to  the  custom-house. 
^;  We,  the  undersigned,  have  examined  the  aforesaid  persons,  belong- 
ings tti^H.  M.  sloop  Dotterel,  taking  the  minutes  of  their  depositions 
respecting  the  detention  of  the  American  fishing  schooners,  **  Hero 
and  Pilgrim;"  and  we  declare  that  their  evidence  has  been  taken  in  a 
very  impartial  manner,  and  the  persons  aforesaid  have  not  been  bi- 
ased in  any  way  whatever. 

JOHM  COOKE,  Sen.  LieuU  H.  M  sloop  Dotterel, 
JAMES  AZZARD,  P^ser,      ' 
.>*«S^-i%^v<»7WJ-r^^^-^^^  I'OARE,  Commander,  ';;;%^^  >.%,,  .^; 

■-S'«^^fif'->''*-^M^'%f;r'-'*  ■'.  -■'■■    ".-■  :-_^._  ■■'  "Wv   ji..l  '!--■    - 

JEvtdenee  of  JUr.  T&waeaUf  Midshipman^  and  the  erew  of  the  yawl  boat 
^   belonging  to  B,  M,  sloop  Dotterel,  relative  to  t^e  attention  of  the 
Jmerisan  fshing  schooners  **Reindeer  and  Buby" 

>,?).' .:,*:,^,     Mr.  Touaeau  examined,    ''i^iy^r^^i  •f'P 


*iir^';' 


Tin 


Ques.  Was  you  in  the  yawl  with  Mr  Jones  when  he  detained  the 
American  schooners  Reindeer  and  Ruby?  ^     -li^    .;,*^ 

•._  Ans.  Yes.  "  ■  'iv^^^?;''.",  ;. 

Relate  all  the  particulars  relative  to  their  detention.  ^  if 
i  I  recollect  while  in  GuU-Cove  of  having  received  information 
on  a  Sunday,  from  some  men,  and  a  Mr.  Franklin,  that  several  Ame- 
rican fishing  vessels  were  at  anchor  in  Whitehead  harbour,  and  that 
they  anchored  there  the  evening  before;  that  on  their  anchoring:,  one 
of  them  fired  three  muskets,  and  said  they  were  armed  and  manned, 
and  would  oppose  our  boarding  them.  I  acquainted  Mr.  Jones  of 
the  information  I  had  received,  who  went  immediately  in  the  small 
boat  to  cruize,  and.  returned  in  the  eventing.  Be  told  me  that  he  had 
boarded  an  English  fishing  schooner  (Industry)  near  Whitehead, 
who  gave  him  information  that  several  American  schooners  were  at 
anchor  at  Two  Island  harbour;  and  that  they  ''got  their  wood  and 
water  at  Whitehead;  they  fired  several  muskets  on  their  anchoring, 
and  told  the  crew  of  the  Industry,  they  would  not  allow  a  man  of 
wars  boat  to  board  iuem|  and  after  they  Cuifipleteu  theiF  i^cu  and 


laerveda 
led  her, 
saw  live 
lands  on 
another 


IS  1  was 
B  sail;  in 
in'3  Bay, 
;ht.  We 
;oropany, 
tuse. 

I,  beloiig- 
^positions 
,  «  Hero 
aken  in  a 
t  been  bi- 

otterd. 


yawl  hMt 
ion  of  the 


:ained  the 


formation 
-eral  Ame- 

and  that 
loring,  one 
1  manned, 
.  Jones  of 

the  small 
lat  he  bad 
V^hitebead, 
*s  were  at 
wood  and 
inchoring, 

a  man  of 

*wOod  and 


Cioii 


«? 


W&ter,'they  shifted  to  Two  Island  harbour.    We  got  under  weigh  the  '^^^ 
yawl  about  nine  o'clock  in  the  evening,  and  went  towards  Two  Is- 
land harbour  iM  anchored  about  two  o'clock  in  the  morning.    At 
day-light  we  observed  several  vessels  at  anchor  at  Two  Island  bar*  V 
hour,  and  shortly  after  got  underweight   when  we  chased  them,  ob*  s 
served  three  of  them  lashed  together,  and  all  the  crews  collected  on  ;^ 
board  the  middle  one;  we  ordered  them  to  separate,  which  at  first  '^ 
they  refused  to  do,  until  Mr.  Jones  threatened  to  fire  on  them;  they 
dropped  clear  of  each  other;  we  boarded  them,  and  detained  the  Ame-  ;.■ 
rican  schooners  Reindeer  and  Ruby;  Mr*  Jones  asked  the  master  of  '^' 
the  other  two  American  shallops,  if  they  were  willing  to  take  the  crews 
of  the  Reindeer  and  Ruby  on  board  for  a  passage  home;  they  answered 
they  were  willing  to  do  so.    Mr.  Jones  gave  them  as  much  provisions 
ad  they  choosed  to  take,  and  put  them  on  boatd,  with  the  e^xceptron  ofs 
the  masters;  about  eight  o'clock  we  made  sail,  Mr.  Jones  in  the  Rein-'^ 
deer  and  myself  in  the  Ruby,  fur  St.  Andrev^'s;  while  beating  uplf; 
through  East  Quoddy  about  6  F.  M.  when  abreast  of  the  harbour  i^ 
Delute,  observcid  two  schooners  coming  down  towards  us  full  of  arm-  ; 
ed  men.  and  wearing  American  colours,  one  of  them  making  towards 
me,  and  the  other .|o  Mr.  Jxines.    The  one  abreast  of  me  ran. along-' I 
side  and  bosrded,  with  about  forty-five  men  with  pistols,  swords,' 
and  muskets,  and  fixed  bayonets;  when  thfey  got  oh  hoard  they  took 
possession  of  the  Ruby,  and  took  the  arms  from  my  crew.     One  of  % 
the  men  with  his  musket  and  fixed  bayonet,  made  a  thrust  at  one  of   ., 
my  men,  named  James  Lloyd,  (marine)  but  Mr.  Howard,  leader  of  j^, 
their  party,  parried  the  thrust  oflT.     The  man  again  attempted  to'j)' 
knock  the  marine  down  with  the  butt  end  of  bis  musket,  which  Mr.^M 
Howard  again  parried  off,  and  ordered  him  n6t  to  use  violence  against  1 
any  of  my  men,  as  he  had  got  possession  of  the  vessel,  and  which  was    ^ 
all  they  wanted;  they  then  fired  off  all  their  muskets  and  pistols, 
which  were  loaded.    I  observed  the  other  schooner  fire  off  muskets 
likewise;  then  I  asked  for  the  arms  of  my  crew,  which  they  gave  me;  '' 
we  then  shoved  off  and  left  them;  after  we  had  left  and  rejoined. the  ' 
yawl,  they  fired  several  vollies  of  musketry  on  board  both  schooners  'v 
all  the  way  to  Eastport. 
Ques.  What  quantity  of  wood  and  water  had  the  Ruby  on  board?  ^  - 
Ans.  There  were  two  casks  with  water  on  deck;  but  cannot  say 
whether  there  was  any  below,  nor  can  1  say  what  quantity  of  wood 
there  was  on  board. 
Ques.  How  was  the  wind?  ,    -;  -  -'    t*^.^;  +  v^a^^^'  , 

Ans.  A  moderate  breeze  from  N.  W.     ^'  t^    «*^r  *  ^  .  >  ;^ 
Ques.  How  was  the  weather? 

Ans.  Fine  clear  weather  till  we  had  possession  of  the  schooneriii; 
and  then  it  came  on  foggy,  and  cleared  off  again  in  the  afternoon. 


4. 


4f   -^ 


it 


/aViomas  Richardson  {Seaman)  examinedi 


Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  ho  detained  the 
American  schooners  Reindeer  and  Ruby? 
Ans,  Yes. 


'  .^,-;S^- 


M 


l.,*»*] 


.^     H^late  whM  jov  know  r«9peeting  their  deieniioD? 
Jiji:    I  remembjEp*  gQwig  ia  the  small  (mat  with  Mr-  Jones;  afterfpitll' 
'*'  ifig  some  tiqiei  we  laMnched  the  boat  over  a  har  ab«ut  half  a  mile 
hroajdr  bet^tr^en  two  islands;  and  afterwards  we  boarded  an  Eng- 
lish Ashing  ^cboooer.    The  f crew  Informed  us  |that}the  -schooners 
at  anpbor  .pff  Two  Inland  harbour  were  American  ftshiiig  vessels* 
and  had  Ahe  t»g\it  before  fired  two  guuo,  and  defied  any  man  of  war's 
boat  bparding  them;  and  advised  us  not  to  attempt  to  board  them  in 
^       the  smalllhoat  we  «rere  then  in;  we  then  returned  to  Gull  Cove,  and 
that  night,  with  the  whole  of  the  crew  in|th|»  yawl,  and  pulled  during 
the  whole  of  that  night,  and  at  day-light  we  were  within  d  miles  from 
four  si^ooners  at  anchor  a  little  more  than  a  mile  from  shore;  we 
^observed  them  get  ander  weigh,  and  three  of  them  laabed  alongside 
\j;  '  each;j(i>tber.    Mr.  Jones  then  desired  them  to  separate,  which  they 
,^dld  not  do  for  some  time,  when  Mr.  Jones  threatened  (o  fire  on  them; 
they  then  separated,  and  dropt  astern  of  each  other  and  anchored. 
We  then  boarded  them,  and  took  possession  of  the  Reindeer  and  Ru- 
by, and  the  crews;  as  I  understood,  with  their  own  cdlisent  went  on 
board  of  two  other  vessels.    We  then  got  the  Reindeer  and  Ruby 
;  under  weigh,  and  made  sail  for  St.  Andrews;  whev:  in  East  Quoddy, 
^  two  sch^ners  came  towards  us,  fired  a  gun,  and  hoistei  American 
^  colours;  observed  one  of  the  schooners  take  possession  of  the  Ruby, 
.ipand  the  other  came  close  to  us,  and  desired  us  to  heave  too;  I  was  at 
*     -^  the  helm  when  they  fired  at  us,  and  the  shot  came  close  to  me  and 
',iMr.  Jones;/  there  was  but  one  musket  on  board  us,  which  (Payne)  a 
fniarine  wanted  to  fire,  but  Mr.  Jones  desired  him  hot;  I  observed  the 
American  schooner's  deck  full  of  armed  men,  with  muskets,  pistols, 
and  carbines.     After  they  fired  at  us,  Mr«  Jones  gave  up  the  papers 
to  the  master  of  |:he  **  Reindeer,*'  who  held  them  up  in  his  hand  to  the 
Americans,  and  desired  them  not  to  fire,  as  he  had  possession  of  the 
vessel.    We  then  went  in  the  yawl  for  St.  Andrew's;  some  of  tlie 
Americans  woujd  insist  on  taking  the  yawl  with  them*     I  observed 
them  fire  volleys  of  muskets  till  after  they  had  anchored  <<the  Rein- 
,  deer  and  Rul^^"  in  Ea8t|)ort. 

Question.  How  was  the   weather  when  Mr.  Jones  detained  the 
Reindeer  and  Ruby  ?     ,f:  j ,.,  u'u^.  -  •?»  ^   ; .  <  ^^  ..^n,  ■ 

Answer.  It  was  clear  weather  till  after  they  were  detained,  when 
it  became  foggy. 

Question.  Bo  you  know  what  quantity  of  wood  and  water  the  Rein- 
deer had  on  board? 
Answer.  The  quantity  I  cannot  recollect,  but  we  used  from  both. 

. .  ...u,  .  Jatnes  Lloyd  (Marine J  examine  -  > 

Q.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooners  Reindeer  and  Ruby? 

Ans.  Yes. 

Relate  the  particulars  respecting  their  detention. 

I  remember  a    man  at  GisH   Cove  givi 
gchooncrs,  (American)  the  particiilais  I  do  not  know.     We  got  under 


iniormation  oi 


auiiiu 


HOI] 


'$* 


weigh  that  evening,  in  the  yawl,  and  pulled  all  night;  after  daylight 
we  got  close  to  four  schoonern,  and  observed  three  of  them  lashed 
alongside  of  each  other,  and  the  crews  of  these  vessels,  on  board  tho 
large  one  in  the  centre.  Mr.    Jones  ordered  them  to  separate  several 
times,  and,  at  length,  ho  said  he  would  fire  into  them;  they  were  very 
abusive  to  us:  after  a  considerable  time  they  separated,  and  we  boarded 
them.    Mr.  Jones  then  sent  me  below  to  see  if  there  were  any  fire  arms 
on  board  the  Reindteer;  I  found  a  musket  with  a  double  charge,  land 
primed,  and  two  powder  horns  full  of  powder,  and  about  twelve  or  four- 
teen pistol  balls.    Mr.  Jones  detained  two  of  them,  with  the  consent  of 
the  masters  of  the  other  two  vessels  and  the  craw  of  the  two  detained, 
they  were  allowed  to  go  on  board  and  tuke  what  provisions  they  pleas* 
ed;  the  masters  of  the  vessels  came  on  board  and  took  green  fish,  pork, 
tea,  and  butter,  molasses,  flour,  and  bread.    I  was  sent,  wHh  Mr. 
Touzeau,  on  board  one  of  them,  and  got  under  weigh  in  company  with 
the  one  Mr.  Jones  was  on  board  of;  and,  in  the  afternoon  of  the  same 
day,  while  beating  up  to  St.  Andrew's,  abreast  of  Campo  Bello,  I  ob^ 
served  three  schooners  and  two  boats;  one  of  the  schooners  went  to- 
wards Mr.  Jone«,  and  fired  several  muskets;  went  below  to  get  my 
dinner,  when  Mr.  Touzeau  called  us  up  to  oqr  arms,  and  ask^  me  if 
my  muskalK  was  loaded;  I  told  him  it  was,  and  primed;  h&told  me  he 
thought  they  were  American  armed  vessels  coming  to  take  us.  I  then 
asked  Mr.  Touzeau  if  I  should  fire;  he  said  not  till  he  gave  me  the  or« 
ders.    Th^  came  nearly  along  side  us,  and  oitlered  us  to  heave  too; 
they  presented  their  muskets,  with  fixed  bayonets,  at  us,  and  said, 
damn  your  eyes,  if  you  don't  lieave  too,  we  will  fire  into  you.    They 
sung  out  to  the  man  at  the  helm,  if  he  did  not  put  the  helm  down,  and 
lower  the  peak,  they  would  shoot  him  dead  on  the  spot.     They  then 
came  alongside  and  hoarded  us,  I  think  about  forty  men  in  number* 
all  with  muskets  and  fixed  bayonets,  except  one,  for  our  deck  was  full 
of  armed  men.    They  told  me  to  deliver  up  my  arms,  or.  they  would 
run  me  through;  damn  your  eyes  ^aid  one;  and  another  said,  I  will 
blow  your  brains  out.    I  replied,  I  am  a  king's  man,  and  will  not  de- 
liver up  my  arms,  their  leader  drew  his  sword,  and  had  a  brace  of 
pistols,  desired  the  Americans  not  to  hurt  any  of  us;  at  that  time  a 
man  made  a  tiirust  at  me  with  fixed  bayonet,  which  their  leader  par- 
ried off;  the  same  man  again  ma()|B  a  blow  at  me  with  the  butt  end  of 
his  musket,  which  their  leader  again  parried  off;  then  their  leader  told 
me  that  I  had  better  give  up  my  arnlis,  and  he  would  be  answerable 
for  them,  which  I  did — about  this  time  they  fired  volleys  of  musketry. 
We  then  went  on  board  of  our  boat,  and  observed  them  continue  to 
fire  as  they  were  returning  to  Eastport. 

Q.  What  kind  of  weather  was  it  when  Mr.  Jones  detained  the 
Reindeer  and  Ruby? 

A.  Fine  weather,  with  a  light  breeze,  but  came  foggy  after. 

Q.  Do  you  know  what  quantity  of  wood  and  water  was  in  the 
schooner  you  were  on  board  of? 

A.  Two  casks  and  a  half  of  water,  and  about  a  corcl  of  wood. 


;,         ■  .> 


1     


■fr 


»,.:v:w. 


do 


\i 


John  Cammish,  Seamanp  examined 


yit 


"^^.Ques.  Wore  you  in  the  ynwl  with  Mr.  Junes,  when  he  detained 
the  American  schooners  Reindeer  and  Ruby? 

Ans.  I  was. 
jl  Kelate  the  particulars. 

i  I  recollect  Mr.  Jones  going  out  fW>in  Gull  Cove,  in  the  small  boat, 
and  ^returned  in  the  evening.  I  heard  him  say  that  he  liad  infor- 
mation of  some  American  schoonei-s.  We  were  ordered  to  get  our 
things  in  the  yawl  from  the  tent,  and  went  out  that  evening.  We 
pulled  the  greater  part  of  the  night,  and  anchoi*ed  for  about  an  hour 
and  a  ham  At  daylight,  observed  five  vessels  laying  at  anchor. 
Wh^n  they  saw  us,  they  got  under  weigh.  When  \ve  came  near  them, 
one  of  the  vessels  dropped,  her  anchor,  and  two  others  lashed  a)ong 
side  her;  and  tlie  crews  of  these  vessels  went  on  board  the  centre  one 
with  their  fiBh  spears.  Mr.  Jones  desired  them  to  separate,  whicli 
they  did  not  do  for  a  considerable  time,  until  Mr.  Jones  threatened 
several  times  to  fire  into  them;  they  separated,  and  we  boarded  tho 
Reindeer,  where  I  remaiiied.  Mr.  Jones  detained  her  and  another  ves- 
sel. By  the  wish  of  tlie  crews  of  these  vessels,  and  by  the  consent  of  the 
masters  of  the  other  two  vessels,  they  were  sent  on  board,  with  as 
much  provisions  as  they  wislted.  The  masters  of  the  two  vessels  not 
detained,  came  on  board  us  in  their  own  boats,  and  took  the  crews,  with 
as  much  provision  as  they  choosed,  on  board.  We  then  gpt  under  weigh; 
the  Reindeer  for  St.  Andrew's,  the  Ruby  in  company.  In  the  after- 
noon of  the  same  day,  observed  two  armed  vessels.  One  of  them  came 
towards  us  and  gave  three  cheei*s,  and  hoisted  American  colors;  they 
callc^d  to  us  to  heave  to,  and  threatened  to  fire  into  us.  Her  decks 
were  full  of  armed  men,  with  muskets  and  fited  bayonets;  there  was 
also  in  company  a  large  armed  boat.  The  schooner  fired  two  musket 
balls  across  our  deck,  and  then  Mr.  Jones  gave  up  the  papers  to  the 
master  of  the  Reindeer,  who  held  them  up  in  Ids  hand  and  called  to 
the  Americans  not  to  fire,  as  he  had  possession  of  the  vessel.  The 
American  schooner  was  then  about  half  pistol  shot  from  us.  We 
were  then  ordered  into  the  yawl  by  Mr.  Jones;  and  observed  them,  in 
going  to  Eastport,  fire  volleys  of  musketry. 

Ques.  What  quantity  of  wood  and  water  had  the  Reindeer? 

Ans.  Three  barrels  of  water,  and  a  great  deal  of  wood. 

Ques.  What  weather  was  it  when  the  two  vessels  were  detained? 

Ans.  Fine  weather,  and  light  winds  from  northward  and  westward. 


f>  /j!  -n;  ■•■ 


Richard  Mwland,  seaman,  examined. 


Ques.  'Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooners  Reindeer  and  Ruby? 

Ans.  Yes,  I  was.  '   " 

Relate  the  particulai*s. 

"Ann.  I  recollect  a  man  coming  to  Mr.  Jones,  at  tlie  tent  at  Gull 
Cove,  and  informing  him  that  some  Am.erican  fishing  schooners  had 
come  into  an  anchorage  not  far  from  us,  and  fired  their  muskets^  and 


»4 


C  *o*  3 


#1 


jf 


was 

iisket 

the 

Bd  to 

The 

We 

I,  in 


and 


said  they  would  hot  allow  any  man-of-war's  boat  to  board  them.  They 

?ot  their  wood  and  wator  there,  and  got  under  weigh,  and  ran  to  Two 
sland  harbor:  laid  there  one  day,  and  at  night    1  was  left  on  shore, 
in  the  tent,  and  remember  Mr.  Jones  going  out  in  a  small  boat  with 
four  hands,  and  returned  the  same  afternoon.    We  got  under  weigh 
that  evening,  in  the  yawl,  and  stood  for  Two  Island  harbor.    Tiie 
next  morning,  we  fell  in  with  four  American  schooners,  and  one 
£nglish.    W  hen  I  first  saw  them  they  were  at  anchor,  about  lialf  a 
mile  from  the  land,  in  Two  Island  harbor.    After  they  saw  us,  they 
got  under  weigh.    On  our  chasing  them,  we  fired,  to  bring  them  to; 
but,  instead  of  complying,  three  of  them  ran  along  side  each  otfier, 
and  laslied  together.  When  we  came  close  to  them,  Mr.  Jones  desired 
them  to  separate,  and  bring  up.    They  refused  to  do  so,  and  would 
not  allow  us  to  board,  until  Mr.  Jones  repeatedly  threatened  to  fire 
into  them;  they  dropped  clear  of  each  other;  we  then  boarded  the 
Reindeer,  and  Mr.  Jones  asked  what  they  were  doing  there?    They 
said  they  cams  in  to  land  their  gurry  and  offal  of  th^  fish,  and  get 
wood  and  water.    Mr.  Jones  told  them  they  had  tirye  enough  to  get 
their  wood  and  water  at  Wliite  Island.    Mr.  Jones  detained  the  Rein- 
deer, and  then  boarded  ^he  Ruby,  which  vessel  he  detained  idso;  and 
I  was  sent  below,  in  the  Ruby,  to  search  for  arms;  found  none;  but 
found  a  frying-pan  full  of  hot  lead  and  a  spoon  in  it,  and  some  musket 
balls  quite  warm.    I  asked  the  master  of  the  Ruby  where  his  arms 
were?    He  said  he  had  none,  except  one  fowling-piece.    I  then  asked 
him  where  it  was.    His  reply  was,  he  could  not  say,  unless  his  boy 
had  lost  it  or  stowed  it  away  in  the  salt  room.     When  I  asked  their 
reason  for  lashing  together  and  running  the  musket  balls,  they  said 
they  intended  to  keep  us  off*;  with  their  five-and-thirty  men  and 
eight  muskets,  they  would  easily  have  done  so.    I  then  asked  them  ' 
where  their  eight  muskets  wei-e?    They  answered,  they  had  eight 
muskets.   The  masters  of  the  two  schooners  wliich  were  not  detained 
camii  on  boardt  he  Ruby,  and  took  her  crew  with  their  clothes,  and 
as  much  provisions  as  they  wished  for  a  passage  to  their  home,  by 
their  own  wish,  and  sanction  of  Mr.  Jones.     Aftei'wards,  we  got  Un- 
der weigh,  in  the  Reindeer  and  Ruby,  for  St.  Andrew's;  and,  the  same 
afternoon,  between  Indian  Island  and  Campo  Bello,  two  schooners 
came  towards  us  full  of  armed  men.    The  on^  abreast  of  the  Ruby 
gave  three  cheers  and  hoisted  Amerldpi  colours,  bore  down  and  or- 
dered us  to  heave  to,  which  we  refused  doing  until  they  threatened  to 
fire  into  us.    They  came  along  side,  and  boarded  with  muskets  and 
fixed  bayonets,  cutlasses  and  pistols.    I  do  not  know  the  number  of 
'men,  but  our  decks  were  full.    They  took  our  arms  from  us,  and 
discharged  their  own.    We  then  were  ordei-ed  into  our  boat  and  I 
observ^  them  firing  volleys  of  musketry  going  in,  and  after  they  had 
anchored  at  Eastport. 
Ques.  Did  you  search  the  salt-room  of  the  Ruby  for  arms?     Nf 
Ans.  No,  I  had  not  tiine.  .    '%, ' 

Ques.  How  was  the  weather  when  the  Reindeer  and  Ruby  yli^ft 
detained? 


•» 


r  101 J 


.♦ 


Am.  Fine  cImt  wMither»  with  a  little  breeze,  but  came  on  foggy 
afterwarde  for  two  houre. 
Qaes.  How  was  the  witad? 
Ane*  I  cannot  recollect* 

¥imiam  Vldsinf  {marine)  examined, 

Qnea*  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooners  Reindwer  and  Ruby? 

Ans.  Yes.-  , 

Relate  all  the  particulars  you  Itnow  respecting  their  detention. 

I  recollect  going  out  in  tlie  small  boat  from  OuUjpove  with  Mr. 
Jones,  and,  after  pulling  for  a  short  time,  we  launcbeytlie  boat  over  a 
bar  between  two  islands,  and  boarded  an  English  fishing  schooner. 
The  crew  informed  us  that  two  American  schooners  had  anchoaed 
the  night  before,  not  far  from  where  we  laid,  and  that  they  fired  their 
muskelB  and  defied  any  man  of  war's  boat  to  board  them.    The  crew 
of  the  Engli$(t  schooner  told  us  that  we  had  better  be  well  armed, 
as  the  Amerimis  were  prepared  for  us.    We  returned  to  Gull  Cove, 
and,  in  the  evening,  went  out  with  all  the  crew  in  the  yawl;  we  pull* 
«d  till  about  Ibur  o'clock  in  the  morning.  At  daylight,  observed  some 
achoon^  at  anchor)  which  vessels,  ibhortly  afterwards,  got  under 
weigh;  and,  as  we  went  down  towards  ihem,  I  fired,  bythe  direction 
of  Mr;  JoneA.  to  bring  them  to.    As  we  closed  the  vessels,  three  of 
them  lashed  along  side  each  other,  and  put  tbeip*  cr4||8  on  board  the 
middle  one.    Mr.  Jones  desired  them  to  cast  off  from  each  otheri 
which  they  refused  to  do  for  some  time,  till  he  threatMied  to  fire  into 
them,  when  they  separated,  and  we  boarded  the  Reindeer,  and  Lloyd, 
•  marine,  was  sent  down  to  search  for  arms*— he  found  one  musket, 
loaded.    Mr.  Jones  asked  the  Master  where  the  arms  were  that  he 
aaw.    He  said  he  had  none.  '  Mr.  Jpne?  then  detained  the  Reindeer 
and  Ruby;  and,  by  the  wish  of  the  crews  of  the  vessels,  wi^th%, 
exception  of  the  Masters,  they  were  put  on  board  the  other  two  Ame% 
ricans  not  detained,  with  consent  of  the  Masters,  takiog  with  theaii: 
as  much'provisions  as  they  ^chose.     We  then  got  under  weigh  in  the 
Reindeei*,  with  the  Ruby  in  company.    In  tiie  afternoon  of  the  same 
day,  when  abreast  of  Campo  Hello,  I  saw  two  schooners,  one  of 
which  came  towards  us,  fire4|j|gun,  and  hoisted  American  colors, 
and  ordered  us  to  heave  to,  wmcn,  we  refused  to  do;  and,  after  we 
tacked,  they  fired  across  our  deck.    After  this,  Mr.  Jones  delivered 
up  the  papers  to  the  Master  of  thit  Reindeer,  who  held  them  up  to  the«. 
Americans*  and  desired  them,  not  to  fire.    We  were  then  ordered  by 
Mr.  Jones  into  the  yawl,  and  I  observed  them  fire  several  muskets  at 
a  time,  and  the  balli  foiling  into  the  water,  as  they  were  goinjj^jnto 

Eastport.        '      ,%■  '  fc.        um-*^'-^ii'.^--"^:'Vic 

Q,aeS'  What,  arms  had  the  Americans? 

Ans.-*  I  observed  some  men  with  crossbelts/b'ig^t  muskets  and  fix- 1, 
^lliayonets-vothers  with  mu^iiets,  swords,  and  pistols*  J;   '^!^ 


*.  «:•  '• 


y 


..%"    -i"';^ 


"W^.  '     -*■:'-,.■■  -■  -■  j^ 


.,■!.■,»;-.'■.  :i_\ 


f.-,l^:y.  >■  ..-';..  ;. 


[101] 


33 


Ques.  What  quantity  of  wood  and  water  had  the  Reind^ei*  on 
board?  ■  ,.,.^:.., ■-.....-,,  .^w.-,.,^.         ■.;:.^-„. 

Ans.    A  cask  full  below,  som*  ort  (tttfk,  aftfl  \     iyht  wotttf; ' 

Ques.  Hew  was  the  weather  when  the  Reindeer  and  Ruby  Wcfe 
detained? 

Ans.  Fine  weather,  with  fine  breezes. 

Ques.  How  was  the  wind? 

Ans.  1  do  not  recollect. 

Ques.  Did  you  search  the  salt-room  on  boafd  the  Reindeer  for 
arms? 

Ans.  No,  Ididtiot.  '"' 


I,  t  |,;.. 


John  Lloyd,  seaman,  examined. 

'*  Qacs.  Were  you  in  the  yawl  with  Mr  Jones  when  he  detaiined  th^ 
,  American  schooners  Reindeer  and  Ruby? 

Ans.  Yes.  Relate  tlie  particalars.  I  went  out  with  Mr.  Jones  frurif 
Crull  Cove  in  a  small  boat,  and  after  |nilling  for  some  time  We 
launched  the  boat  over  a  bar,  about  a  quarter  of  a  mile  broad,  between 
two  Islands,  and  boarded  an  English  schooner  (Industry)  of  Grand 
Menan,  and  I  heard  the  master  inform  Mr.  Jones  that  .some  Ameri- 
can fishing  schooners  had  been  in  thereon  the  last  Saturday,  and  dis- 
charged three  guns,  and  that  several  were  now  lying  in  a  Bay  fur- 
ther on,  when  Mr.  Jones  proposed  to  go  after  them  in  the  small 
boat.  The  master  of  the  Industry  advised  not  to  do  so,  as  they 
were  well  manned.  We  returned  to  Gull  Cove  the  same  day,  aiid  in 
the  evening  went  out  with  all  the  arms  in  the  yawl,  and  at  daylight 
next  morning  observed  live  schooners  getting  under  weigh;  we  ran 
down  to  them  and  fired;  observed  three  of  them  made  fast  to  each- 
other,  the  largest  of  them  in  the  middle,  with  the  crews  collected  on 
board  of  her.  Mr.  Jones  ordered  them  to  separate,  which  they  hesi- 
tated to  do  for  some  time,  and  they  appeared  to  be  consulting  to- 
gether. After  Mr.  Jones  threatened  to  fire  into  them  they  separated. 
We  boarded  two  of  them,  the  Reindeer  and  Ruby,  and  the  crews  of 
these  vessels,  with  the  exception  of  the  mastei'S,  went  on  board  the  two 
schooners  not  detained,  with  as  much  provisions  as  they  pleased;  af- 
ter this  we  got  under  weigh  in  the  Ruby,  and  Reindeer  in  company, 
fbr  St.  Andrew's.  On  tiic  afternoon  of  the  same  day,  when  abreast 
of  harbour  Delute,  observed  two  schooners  coming  down  from  East- 
port,  f\ill  of  men,  one  of  them  came  towards  us,  and  all  hands  hailing' 
us  to  heave  too,  or  they  would  fire  into  lis;  they  ran  alongside  and' 
boarded  us,  with  about  SO  or  40  men,  with  muskets  and  bayonets; 
ats  they  were  shcaiing up  alongside,  some  of  them  sung  out  to  fire  at 
the  officers,  and  fire  at  tiic  man  at  the  helm;  they  had  their  muskets 
levelled  at  us,  when  their  leader  (a  young  man)  came  amongst  them 
and  said,  dont  fire  at  all,  and  parried  their  muskets  off.  They  took 
our  arms  from  us,  and  drove  us  forward.  I  saw  a  scuiflc  between  James 
Lloyd,  a  marine,  and  one  of  the  Anicricans  who  wanted  to  take  his 
arms  from  him.     Mr.  'I'ouzoau  told  us  to  gut^into  our  boat,  and  I  ob^ 


u 


■  ■-■•■-jHit'Aj,:. 


[101] 


served  them  Ariiig  volleys  of  musketry  and  cheering  on  their  way 
to  Eastport,  also  observed  firing  on  shore  at  Kastport. 

Ques.  What  quantity  of  wood  and  water  had  the  Ruby  on  board 

when  detained?                                                        ,  f,      ,  ...,,. ,^ 

Ans.  Two  or  three  casks,  with  plenty  of  wood.  '•.;';,/ 

Ques.  How  was  the  weather?                                   .  --i 

Ans.  Very  fine,  with  light  breezes,      it-  ,                .)  ,. .' 


William  Payne,  marinCf  examined. 


'  1 


Ques.  Were  you  in  the  yawl  with  Mr.  Jones  when  he  detained  the 
American  schooners  llcindeer  and  lluby? 

Ans.  Yes.  I  was.  t  , 

Relate  the  particulars  respecting  her  detention. 

I  recollect  on  Sunday  going  out  from  Gull  Cove,  with  Mr.  Jones,  in 
the  small  boat,  and  after  pulling  for  some  time,  hauled  the  boat  over 
a  bar;  shortlyafter  boarded  an  English  Tinhing  schooner  bulonging  to 
Grand  Menan;  the  crew  gave  us  information  that  some  American 
schooners  anchored  thereon  Saturday  night, fired  their  g<).is,  and  said 
that  they  did  not  care  for  any  man  of  war's  boat  whaU  vt  r,  as  they 
were  as  well  armed  as  the  men  of  war's  boats.  I  8»w  the  schooners 
at  Two  Island  harbour  at  anchor  when  on  boatd  the  Industry;  and 
her  crew  said  .we  had  better  not  go  to  them  in  the  small  boat,  that  it 
was  their  determination  to  kill  us.  We  then  returned  to  Gull  Cove, 
and  in  the  evening  of  the  same  duy  got  under  weigh,  in  the  yawl,  with 
all  the  crew,  and  proceeded  to  Two  Island  hat  hour.  About  day- 
ligltt  next  morning  observed  them  get  und;M'  weigh;  wo  closed  them 
and  fired  to  bring  them  to.  I  then  saw  ti.f  .11  closing  tugothor,  and 
three  of  them  lashed  alongside  each  other;  we  ordered  them  to  sepa- 
rate, which  they  seemed  not  willing  to  do.  Mr.  Junes  threatened  to 
fire  into  them;  wc  had  our  muskets  (two  in  number)  pointed  to  the 
vrssci;  after  being  threatened  several  times,  two  of  them,  tlie  Rein- 
deer and  Ruby,  Mr.  Jones  asked  them  what  brought  them  there; 
their  answer  was,  they  came  for  wood  and  water;  Mr.  Jones  then  said, 
when  you  had  got  it,  what  was  their  reason  for  not  going  away;  their 
reply  was,  the  breeze  was  so  light  they  could  not  get  out;  the  crews 
of  their  vessels  with  the  exception  of  the  masters,  by  their  own  re- 
quest, went  on  board  the  two  other  schooners  not  detained,  and  were 
allowed  to  take  what  quantity  of  provisions  they  thought  proper.  I 
then  went  below  with  Thomas  Richardson,  to  search  for  arms,  by  the 
direction  of  Mr.  Jones:  found  a  musket  loaded  in  the  cabin.  Mr. 
Jones  asked  the  master  what  became  of  their  arms;  ho  said,  they  wertj 
below;  we  then  went  again  below  for  the  same  purpose.  Mr.  Jones 
again  asked  the  master  of  the  Reindeer,  what  became  of  the  arms; 
his  answer  was,  that  they  must  have  been  hove  overboard;  he  said  we 
had  got  them  yesterday  killing  ducks.  Shortly  after  we  got  the 
Reindeer  and  Ruby  under  weigh,  and  proceeded  for  8t.  Aiulrew's;  in 
the  afternoon  of  the  same  day,  when  abreast  of  Cainpo  Bcllo.  saw  a 
schooner  coming  down  and  run  clo.sr.  nion.u^siile  the  Ruby,  hoixied 
American  colours;  observed  another  standing  lowaids  us  in  the  iiciii- 


[  101  ]  m 

deor;  they  gave  three  chcern,  hoisted  American  cnlniini,  and  iiail^"^  -^ 
to  drop  tlio  peak  of  the  mainsail;  the  master  nftho  lleiiideer  said  to  , 
you  Imd  better  not  lire  on  tliem,  as  tliey  will  kill  crery  man  of  >u«, 
and  he  ran  below;  they  camo  near  us,  and  Mr.  Jones  said,  cumo 
alongside  us,  which  tliey  were  willing  to.do.  1  had  my  musket  ready 
to  fire,  and  asked  Mr.  Jones  if  1  should  do  so,  to  which  he  objected, 
and  said  let  them  come  alongside  first;  tiiey  then  fired,  and  »  hall 
passed  (lose  to  us.  Mr.  Jones  gave  the  papers  up  to  the  master  of 
the  Reindeer,  who  held  them  up  to  those  on  board  the  American' 
schooner,  desired  them  not  to  fire,  and  said  that  we  would  (|uit  the 
vessel  as  soon  as  possible.  We  then  got  into  the  yawl  and  observed 
them  firing  difTcrent  times  going  into  Kastport. 

Ques.  SVhen  the  schooner  with  American  colors  flying  camo  cVoi^ei 
did  you  o'aflcrve  they  were  armed? 

Ans.  Yes,  they  were,  and  the  deck  full  of  men,  armed  with  mils-' 
kets  and  fixed  bayonets,  carbines,  blunderbusses,  pistols,  and  swords. 
(lues.  How  was  the  weather  when  the  Reindeer  and  Ruby  were 
detained?  •    • ,      •        ■■•         •  <  - 

Ans.  Fine  weather  and  a  fine  breeze.    •'  '■''  ^<"i«"f*nt»»  n.«4i  /'  >*»» 
Quos.  What  quantity  of  wood  and  water  had  the  Reindeer  on 
board?  J*^'|  r  '' 

Ans.  Two  casks  of  water  on  deck,  and  plenty  of  wood.  ^'^'^V''' 
Ques.  Did  you  search  the  salt  room  and  the  hold  for  armsP^j'  •^'"^ 
Ans.  No,  1  did  not  search  the  salt  room  aft,  but  did  forward.  '  'f^'^ 

■^  John  Cheese  (SemianJ  eocamined,    '  f  '**''''  otU'iol 

Qucs.  Were  you  with  Mr.  Jones  in  the  yawl,  when  he  detained  the 
American  schooners  Reindeer  and  Ruby? 

Ans.  No,  I  was  not;  i  was  one  of  his  boat's  crew^  but  was  left 
behind  at  St.  Andrew's.  -  "  '"    '.-  '^  "/^rrjy-  «pi  » 

We,  the  undersigned,  have  examined  the  aforesaid  persons,  belong- 
ing to  H.  M.'s  sloop  Dotterel,  taking  the  minutes  of  their  depositions 
respecting  the  detention  of  the  American  fishing  schooners  Reindeer 
and  Ruby,  and  we  do  declare  that  their  evidence  has  been  taken  in  a 
very  impartial  manner,  and  that  the  persons  aforesaid  have  not  been 
biassed  in  any  way  whatever. 

JOHN  COOKE.  Senior  Lieutenant,  &c. 

JAMES  AZZARD,  Purser, 

H.  M.  Sloop  Dotterel. 

RICHARD  HOARE,  Commander. 


lU'- 


.      ^  His  Majesty's  Sloop  Dotterei., 

HalifnXf  Mveinber  6th,  1824. 

Sir:  I  beg  leave  to  represent,  in  obedience  to  your  orders  of  this 
day's  date,  directing  me  to  give  a  statement  of  the  facts,  and  under 


■*  » ir  " 


[101] 


what  riraiiia^taitcM  1  dotaincd  the  Amsricnn  fiHiiing  iclioonera  tt  dif- 
for«tit  «|u-liuraj(('H  nt  tlie  Uraiid  Monnni  while  (Tuiziiig  in  the  yiiwly 
in  itiirHiiuiKC  uf  your  ordui'H.  loi*  the  protection  of  our  (iHheiioH,  that* 
on  the  !2d  day  uf  July  lnRt»  on  boarding  an  IfingliBh  veHHel,  I  found  a 
mian  n^med  Wright  ofl^ciating  aa  pilot  to  carry  her  to  Grand  llarbort 
^ho  told  roe  that  he  belonged  to  the  American  fiahing  Kchooner  Ke- 
l^fcoat  then  at  anchor  at  Woodward'H  Cove,  and  that  they  cnmo  ther« 
for  water.  Satiafled  with  his  aHMrtion*  1  continued  cruixing,  and, 
shortly  after,  I  observed  the  Antcriran  vessel  g<'tting  under  weigh, 
leaving  the  said  man  (Wright)  behind.  I  ran  down  towards  her,  they 
i\Qt  l^eaving  to  after  we  flrod  several  shots  across  their  bow.  I  chased 
lierover  to  the  Nova  Scotia  shore,  where  I  lost  sight  of  her.  On  the 
Qtb  fcJlo>ving,  1  found  the  snid  American  schooner  Uebecca  at  anchor 
cleanine  fish,  and  throwing  the  offUls  overboard,  and  ihonfuresaid 
i^^ii  ( Wriglit)  on  board.  It  being  fine  weather,  and  they  having  three 
l^arrt^ls  of  water  on  board,  with  a  sufficient  quantity  of  wood,  I  de- 
taiued  her  and  took  her  to  St.  John's. 

On  the  15tn  of  the  same  month,  I  found  the  American  fishing  schoo- 
ner William  anchoring  in  Gull  Cove;  the  weather  was  ftue  until  after 
(4u»  got  in,  when  it  came  on  fuggy  with  Ught  breezes,  and  they  hav- 
ing two  barrels  of  water  on  board,  which  myself,  Mr.  Touzeuu,  and 
boat's  crew,  subsequeutly  used  from,  and  plenty  of  wood,  I  detained 
her.  Having  found  the  American  acUoonor  Kover,  of  Addison,  Crow- 
ley master,  landing  a  great  part  of  her  cargo  of  green  fish  to  a  Mr. 
Fowler's,  at  Gull  Cove,  I  made  the  William's  boat  fast  to  the  yawl 
for  the  night,  to  prevent  Ibeir  crew  from  doing  the  same.  As  for 
their  getting  water  about  sunset,  and  a  vessel  to  anchor  alongside  of 
t^en^  A^r.  Touzeau  and  I  know  it  to  be  impossible,  us  I  had  a  sentry 
planted  on  shore  about  two  cables'  length  from  them;  and,  if  they  re* 
oeive4  %ny  ws^ter  after  dark^  it  was  done  as  a  pretext,  for  the  boat's 
crew  were  witnesses  to  the  water  1  found  on  board  when  1  first  board- 
ed her;  and,  that  I  thrcalcncd  to  confine  the  master  to  the  d(  ck,  and 
lash  a  ptiinp  brake  across  his  mouth,  as  stated  in  their  protest,  that 
is  false.  On  my  first  boarding  her,  with  only  three  men  in  our  small 
boat,  they  were  very  abusive  to  us,  and  one  of  them  said,  if  they 
were  all  of  his  mind,  they  would  heave  that  fellow  overboard, 
pointing  to  me.  I  told  him  if  he  ditl  nut  keep  quiet,  1  would  lash 
him  to  the  deck.  At  3,  P.  M.,  same  day,  15th,  I  received  informa- 
tion from  the  fishermen  at  Gull  Cove,  as  well  as  from  the  master  and 
crew  of  the  fishing  schooner  Minerva,  of  Grand  Menan,  that  an 
American  schooner  was  at  anchor  at  Beal's  passage.  I  went  out  from 
Gull  Cove  and  saw  her  there;  at  nine  o'clock  in  the  evening,  I  board- 
ed her,  which  proved  to  bo  the  American  fishing  schooner  Galeon, 
and  found  all  the  crew  asleep.  (Hi  questioning  the  master  the  reason 
of  his  being  there,  he  told  me  he  came  to  throw  the  gurry,  ofTal  of  the 
fish,  overboard.  They  not  being  in  want  of  wood  or  water,  and  a 
finQ  fain  yvjnd  fur  them,  I  detained  her,  got  hei  under  weigh,  and  ran 
for  Giill  Cove,  a  direct  couj  se  for  their  fishing  ground.  What  tj»e 
crew  of  the  last  mentioned  vessel  asserted  in  their  protest  is  not  true. 


Lioij 


87 


f  never  <;aUl  tliat^  1  would  releaM  their  veMrl;  but  told  them  it  was 
not  in  injr  power  to  do  it,  «n  tlir v  li«d  deridrdly  violated  tlie  Treaty 
or  Convention  between  Knj^land  and  tlic  United  Stateii;  but,  an  they 
pleaded  iioverty,  naying  their  \chhv\  wan  their  sole  Hup|Hirt,  I  told 
thein  1  would  recommend  their  case  to  Cant.  Hoare  of  the  Dotterel, 
my  commanding  nflicer.  Doth  schooners,  William  and  Galeon,  I  took 
to  8t  Andrew's  next  day.  On  the  29th  of  the  same  month,  1  received 
inforroatio..  from  the  master  and  crew  of  the  llsliing  schooner  Industry 
of  Grafkil  Menan,  that  several  American  fiiihing  schooners  were  at  an- 
chor at  Two  Island  Harbor,  and  that  two  of  them,  namely  Reindeer 
nod  Ruby,  of  Lubec,  were  at  White  Island  Harbor  on  the  24th,  where 
they  got  their  wood  and  water,  and  that,  on  their  anchoring  there, 
they  told  them  and  the  inhabitants  they  were  armed,  and  would  not 
allow  any  man  of  war's  boat  to  board  tiiem;  and,  after  they  had  their 
supplies,  they  shifted  to  Two  Island  Harbor.  At  daylight,  the  2(ith, 
observed  four  schooners  at  anchor  at  IVo  Island  Harbor,  which  gut 
under  weigh  on  our  appearance.  When  I  gut  close,  three  of  them» 
they  lashed  alongside  each  other,  and  all  hands,  about  thirty  in  num- 
ber,  went  on  board  the  middle  ime,  with  fire  arms  and  iish  spears.  I 
desireU  them  to  separate,  which  they  I'efused  to  do  until  I  threatened 
to  fire  on  them.  On  boarding  them,  they  proved  to  bo  the  Reindeer, 
Ruby,  Friends,  and  Diligent,  American  fishing  schooners.  It  being 
fine  weather,  and  they  not  in  want  of  wood  or  water,  I  detained  tlie 
Reindeer  and  Ruby,  and,  by  the  sanction  of  the  masters  of  the  Dili- 
gent and  Friends,  I  put  the  crews  of  the  Reindeer  and  Ruby  on  board 
of  them,  with  as  much  provisions  as  they  wished  to  talce,  and  on  our 
passage  to  St.  Andrew's,  the  said  schooners  Reindeer  and  Ruby  were 
forcibly  taken  from  me  by  armed  vessels  under  American  colors,  as 
stated  in  my  letter  of  the  27th  of  July  last. 

I  have  the  honor  to  be,  kc.  &c. 

JOHN  JONES, 
Master  of  His  Majesty* s  sloop  JJotterel. 
Richard  Hoai^b, 

Communderi  "      •    ! 


Uis  Majesty's  Sloop  DoTTERBt, 

9th  J^'ovember,  1824. 

Sir:  In  obedience  to  your  orders,  I  herewith  add  a  statement  of  the 
Pilgrim  and  Hero,  American  fishing  schooners. 

On  the  l6th  of  June,  last,  1  observed  these  schooners  lying  off  the 
Grand  Menan,  and  upon  approaching  them,  one  of  the  schooners  got 
under  weigh  and  stood  in  for  tlie  shore;  3  SO,  P.  M.  observed  the 
schooner  under  weigh  heave  her  lines  overboard,  and  haul  in  fish,  the 
schooner  then  within  one  and  a  half  mile  of  the  island;  3  40,  fired  and 
brought  to  the  schooner;  3  45,  boarded  the  Pilgrim,  then  about  one 
mile,  or  one  mile  and  a  quarter  from  the  shore;  she  had  on  board. 


-f-f. 


38 


[101] 


**»■ 


fish,  alive;  took  pn.sspssion  of  iiri*  for  a  breach  of  tho  trt-aty.  I  then 
stood  to  the  N.  \  £.  and  boarded  the  Hero,  who  had  made  sail  from 
in  shore.  \Vhilst  I  was  un  board  the  Pilgrim,  and  finding  she  was 
in  want  of  notiiing.  1  inquired  what  she  had  been  doing  so  near  the 
shore  with  her  sails  down,  to  which  I  was  informed  by  one  of  the 
crew,  they  iiad  been  cleaning  their  fish  on  shore;  in  consequence  of 
which,  and  having  seen  her  within  one  mile  of  the  land,  i  took  ))os- 
Nession  of  her  also;  stood  in,  and  anchored  in  Long  Island  harbor. 
Thursday,  the  17th,  being,  for  the  most  part  of  the  day,  calm,  1  re- 
mained at  anchor.  Friday,  the  18th,  at  7  A.  M.  weighed  and  stood 
for  Beaver  harbor;  from  9  to  li2,  calm;  3  P.  M.  observed  two  schoon- 
ers under  the  Eastern  Wolf,  then  about  one  mile  distant.  It  being 
calm  at  the  time,  I  ordered  the  master  of  the  Pilgrim  to  send  me  her 
small  boat,  not  having  one  myself;  upon  receiving  which,  I  ordered 
one  of  my  seamen  and  one  mni'ine,  armed,  into  her;  the  boy  who 
brought  the  boat,  I  told  to  remain  on  board  until  I  returned,  but  on 
his  expressing  a  wisli  to  go*  and  kno\\ing  ho  was  moriD  acquainted 
with  her  than  any  of  my  men  could  be,  I  agreed  that  he  should  pull, 
and  ordered  my  seamen  on  board:  part  of  the  way  I  pulled,  and  part  of 
the  way  the  marine  pulled  with  the  boy.  «Whcn  I  returned,  there  be- 
ing no  appearance  of  wind,  I  ordered  the  schooners  Pilgrim  and  He- 
ro to  follow  me  and  anchor  under  the  Eastern  Wolf  for  the  night* 
Saturday  the  19th,  it  being  calm,  did  not  weigh  until  II  A.  M.  then 
a  light  breeze;  stood  forJieaver  harbor;  where  I  anchored  at  3  P.M. 
with  an  intention  of  waiting  for  the  DottercPs  arrival;  therefore,  un- 
bent sails,  and  caused  the  Pilgrim  and  Hero  to  do  the  same.  Sunday, 
the  20th,  1 1  A.  M.  observed  the  Dotterel  pass  in  the  offing  to  the 
Eastward;  bent  sails,  and  desired  the  Pilgrim  and  Hero  to  do  the 
same.  12  20  P.  M.  weighed,  schooners  in  company,  beat  outof  the 
harbor,  but  finding  the  Pilgrim  and  Hero  could  not,  1  bore  up,  stood 
in,  and  anchored,  schooners  in  company.  Monday  the2lst,  at  7  A. 
M.  weighed  with  light  airs,  schooners  in  company;  beat  up  and  an- 
chored in  Mason's  bay  at  8  30  P.  M.  'J'uesday  the22d,  at  2  30  A.  M. 
the  sentry  reported  one  of  tlie  schooners  was  gone.  Wednesday  the 
S3d,  fresh  gales  until  10  A.  M.  then  light  airs,  with  heavy  rain;  still 
at  anchor.  Thursday  the  24th,  at  9  A.  M.  weighed,  with  light  airs, 
and  stood  for  Point  La  Pro,  Hero  in  company,  but  falling  calm,  were 
obliged  to  put  into  Dipper  harbor.  Friday  the  25th,  heavy  rains 
■with  strong  breezes  from  the  Eastward;  remained  at  anchor.  Satur- 
day thf^  SGth,  weighed,  but  were  obliged  to  pi:t  back  again.  Sun- 
day the  27th,  weighed,  and  ran  up  to  St.  John's. 

I  furtl)cr  beg  leave  to  state,  that  1  did  detain  on  board  the  crews  of 
the  Pilgrim  and  Hero,  having  no  authority  for  acting  otherwise;  that 
Winslow,  in  Beaver  harbor,  said  he  w  as  aware  of  having  fished  with- 
in the  limits,  and  if  I  would  allow  him  and  crew  to  go  home,  he  would 
give  up  Ins  sclioonor,  and  never  again  ask  for  her.  Part  ofthe  men 
were  at  timrsnn  board  my  boat,  and  living  the  same  as  my  boat's 
crew,  wiio  had  the  allowance  of  the  Britiiih  navy,  excepting  spirits, 
which  had  U'cn  all  used:  to  make  up  for  which,  I  gave  from  my  pri- 


9?- 
I 


[  101  3 


89 


vate  stock,  to  those  oF  the  schooners  who  were  on  hoard  my  boat.  I 
iievei'  asked  them  to  do  any  duty  on  board  my  boat;  nor  did 
I  at  any  time,  make  use  oi'harsh  or  inenacin,(;  laugua.i^^e.  The  duty 
done  by  the  pcrstins  taken  out  of  one  or  either  of  the  said  schooners, 
was  a  perfect  voluntary  act  of  tlicir  own.  'I'he  arms  spoken  of,  were 
taken  from  thclMlgriin,  through  expressions  made  use  of  by  Winslow, 
ior  safety.  Powdei-.  a  (|uarter  of  a  pound;  shot,  about  one  pound;  the 
arms  were  delivered  to  the  gunner.  Tiie  papers  of  each  schooner  were 
delivered  to  the  Custom  Kouse  at  St.  John's. 

I  have  the  honor  to  he.  &c.  &c.  &c. 

S.  U.  FllOTHEROE,  Mate. 
R.  IIoAUK,  Comvinnder. 


His  Majesty's  Sloop  Dottchel, 

Ilidifaa:,  <,yovember  25,  1824. 
Rear  Admiral  Lake,  &,c.  &c. 

Sir:  According  to  your  direction,  I  have  made  the  strictest  inves- 
tigation, and  enclose  the  reports  of  Mr.  Junes,  master,  and  Mr.  I'ro- 
theroe,  mate,  also,  the  testimony  of  the  several  men  belonging  to 
their  boats,  rel'ative  to  the  several  American  lishiiig  vessels  tliev  had 
seized,  which.  1  trust,  will  be  suincient  proof  of  the  propiiety  of  de- 
taining those  vessels;  and,  as  the  American  fisiiermeii  do  not  keep 
any  journal  or  log,  there  cannot  he  j»ossihly  any  proof,  but  the  crews 
of  the  boats  detaining  them  and  t!ie  Americans,  it  is  not  to  he  sup- 
jjosed  that  the  latter  will  acknowledge  to  have  violated  the  treaty 
existing  between  the  two  Governments  relative  to  the  fisheries.  I 
think  you  will  perceive  a  consistency  throughout  the  several  reports 
of  Messrs.  Jones  and  I'rotheroe,  that  will  bear  the  stamp  of  truth — 
why  should  they  detain  these  vessels  if  they  had  not  violated  the  laws? 
It  could  not  be  for  their  value,  they  had  little  or  nothing  in,  arrd  they 
knew  if  they  were  condemned  and  sold,  they  would  sell  for  a  mere 
trifle,  the  best  of  them  not  more  than  forty  dollars;  there  were  many 
other  American  fishing  vessels  of  ntuch  more  value  which  they  might 
have  seized,  if  it  was  merely  to  annoy  them,  or  for  the  sake  of  what 
they  might  sell  ii»r;  but  it  is  known  every  where  in  the  bay  of  Fundy, 
that  the  American  fishermen  have  invariably  made  use  of  the  several 
harbors  in  the  Menan,  as  if  those  islands  formed  a  part  of  the  United 
States,  they  come  in  and  haul  their  nets,  and  there  are  many  instances 
of  their  having  cut  away  the  nets  of  the  Islanders,  and  ]  was  in- 
formed by  the  fishermen  at  the  Menan,  previous  to  leaving  the  Bay  of 
Fundy,  that  they  had  taken  treble  the  (juantity  offish  this  year  to 
that  of  any  preceding  year  since  the  war,  and  they  ascribed  it  en- 
tirely to  the  American  fishermen  having  been  kept  without  the  dis- 
tance prescribed  by  treaty,  (three  marine  miles)  from  thii  shoio. 
The  former  cruizers  in  the  IJay  of  Funtly,  (vide  Capt.  Aiabin's  letter 
dated  II.  M.  sloop  Argus,  o(f  Ilermiidu,  December  17,  1H22,)  have 
not  paid  much  attention  to  the  fisheries  oil'  Menan,  and  cuusequeiitly, 
the  American  fisherman  ha\e  gone  into  the  hurbois  wheiKncr  tiuy 


ts  ^i 


40 


[101  J 


pleased,  and  being  more  numerous  than  tlie  inhabitants,  have  over- 
awed them;  but  I  have  been  informed  by  some  of  the  fishermen  resi- 
dent there,  that  more  than  once  they  have  had  it  in  contemplation  to 
represent  the  conduct  of,  and  the  injury  they  have  sustained  from,  the 
American  fishermen,  but  their  living  remote  from  each  other,  and  no 
educated  persons  among  them,  they  have  been  at  a  loss  how  to  draw 
up  a  petition,  or  who  to  apply  to  fur  redress. 

As  all  (he  vessels  alluded  to  in  the  papers  sent  by  Mr.  Addington, 
were  taken  by  the  boats,  I  cannot  myself,  make  any  observations  on 
their  capture,  but  shall  confine  myself  to  a  few  remarks  on  the  pro- 
tests of  the  American  fishermen,  and  to  answer  the  complaint  you 
have  called  my  particular  attention  to. 

Why  do  not  the  crews  or  owners  of  the  American  fishing  vessels, 
detained  for  violating  the  treaty,  come  forward  when  these  vessels 
are  adjudged  in  the  Vice  Admiralty  Court,  and  produce  such  evi- 
dence as  would  clear  them;  they  say,  to  claim  their  vessels  in  the 
Vice  Admiralty  Court  of  New  Brunswick,  would  be  total  loss;  the 
fact  is,  it  would  not  answer  their  purpose  so  well;  they  are  well 
aware  that  witnesses  could  be  produced  that  would  falsify  their  testi- 
mony; the  fishermen  at  the  Menan  would  immediately  come  forward 
to  witness  the  facts  of  their  being  in  their  harbors,  and  draining  their 
nets,  when  not  in  want  of  an  article  of  provisions  or  fuel;  but  tho 
Americans  are  aware  that  when  their  protest  comes  before  the  Com- 
mander in  Chief  of  this  station,  the  vessel  of  war  will  have  left  the 
Bay  of  Fuudy,  and  that  there  will  remain  but  the  testimony  of  the 
officer  and  boats'  crew  that  detained  them,  which  they  will  take  caie 
to  out  number.  If  the  Vice  Admiralty  Courts  of  New  Brunswick 
are  conducted  illegally  and  wrong,  should  they  not  make  a  represen- 
tation to  the  British  Government,  that  they  may  be  better  conducted? 
How  is  the  Captain  of  a  man  of  war,  stationed  in  tho  Bay  of  Fundy  to 
act)  if  the  proceedings  in  the  Vice  Admiralty  Court  arc  to  be  consi- 
dered illegal  and  void,  merely  from  the  protest  of  some  American 
fishermen? 

What  are  the  Vice  A^dmiralty  Courts  instituted  fur,  but  to  try 
causes,  and  decide  whether  the  capture  is  just;  and  1  should  conceive 
that  where  they  li^ve  passed  judgment,  the  Captain  of  the  seizing 
vessel  is  released  from  further  responsibility:  sullicienttime  is  allowed 
all  parties,  to  procure  and  produce  evidence,  and  if  they  do  not  come 
forward,  is  it  not  a  tacit  acknowledgment  of  the  badness  of  their 
cause — and  such  is  the  case  with  these  American  fishing  vessels;  they 
have  asserted  many  things  that  are  wholly  false.  It  is  said,  in  tho 
memorial  A,  **  that  nine  sail  of  American  fishermen  had  been  captured 
and  sent  into  the  province  of  New  Brunswick,  while  others  had  been 
converted  into  tenders  without  trial,  for  the  purpose  of  molesting  our 
fishermen;  they  have  insulted  and  abused  the  crews,  turned  them  on 
shore  in  a  foreign  country,  entirely  destitute,  and  witliout  the  means 
of  returning  to  their  homes.'* 

That  any  American  fishing  vessel  detained  by  the  Dotterel,  or  her 
boats,  has  been  converted  into  a  tender  for  the  heiter  molesting  their 


^v^ 


41 


lave  over- 
'men  resi- 
iplation  t() 
IVom,  the 
ir^  and  no 
V  to  draw 

ddington, 
rations  on 
I  the  pro- 
daint  you 

g  vessels, 
isc  vessels 

such  evi- 
lels  in  the 
I  loss;  the 

are  well 
heir  tcsti- 
}  forward 
ning  their 
I;  but  the 
the  Com- 
ve  left  the 
my  of  the 

take  caie 
Irunswick 

represen- 
onductcd? 

Fundy  to 

be  consi- 
Ainerican 

but  to  try 
I  conceive 
le  seizing 
is  allowed 

not  come 
IS  of  their 
isels;  they 
lid,  in  the 

captured 
>  had  been 
esting  our 
r)  them  on 
the  means 

el,  or  her 

iting  their 


fishermen,  is  wholly  false;  that  the  crews  have,  to  my  knowledge, 
been  insulted  and  abused,  must  be  a  gross  and  wilful  perjury;  it  had 
always  been  the  custom,  I  understood,  to  allow  the  crews  of  the  ves- 
sels detained  to  take  their  clothes  and  such  provisions  as  they  pleased* 
and  find  their  way  to  the  States  I  have  sometimes  offered  to  carry 
them  back,  when  I  returned  to  Passamaquoddy:  they  have  invariably 
been  allowed  to  take  away  every  thing  they  could  claim  as  their  pri- 
vate property,  and  the  whole  of  their  provisions  on  board  their  ves- 
sel, with  which  they  paid  their  passage  back  to  their  country. 

And  in  the  memorial  C,  it  is  said,  *•  that  the  American  fishermen 
'*have  no  occasion  nor  inducement  to  violate  the  provisions  of  the, 
"  aforesaid  convention,  nor  have  they,  as  we  firmly  believe,  given^ 
**  in  any  instance,  just  cause  of  complaint.'' 

It  is  a  well  known  fact,  that  tht;  American  fishermen  leave  their 
fishing  ground  every  Saturday  (when  there  is  not  a  man  of  war  or 
her  boats  in  the  neighborhood)  and  anchor  in  some  of  the  harbors  of 
the  Menan  until  the  Monday,  bringing  in  the  fish  offal  with  them, 
and  throwing  it  overboard  on  the  inner  banks,  by  which  they  drive 
the  fish  off  those  banks,  and  they  haul  their  nets  during  the  Sunday, 
and  catch  sufficient  bait  for  the  ensuing  week.  This,  they  suppose 
is  not  known:  for  they  are  not  ignorant  that  this  is  a  violation  of  the 
provisions  of  the  convention;  the  fact  is,  they  want,  by  causing  much 
trouble,  to  deter  the  man  of  war,  stationed  in  the  Bay  of  Fundy,  from 
interfering  with  them  at  all. 

That  the  brig's  barge  has  come  into  the  wharf  at  Eastport  and 
taken  and  carried  away  two  boats  laden  with  flour,  Lieut.  Driffield's 
letter  on  that  subject  will,  I  think,  completely  invalidate  that  charge. 

That  the  Hero,  American  fishing  vessel,  captured  on  the  I6th  June, 
has  not  been  sent  in  for  tiial,  but  is  armed,  and  is  still  used  as  a  ten- 
der to  the  Dotterel,  is  entirely  false-  She  was  not  used  by  me  to 
annoy  a  single  American  vessel;  and  on  her  arrival  at  St.  John's, 
was  delivered  over  to  the  Collector  of  the  Customs,  and  ought  long 
eie  this,  to  have  been  adjudged  in  the  Vice  Admiralry  Court.  **  That 
the  officers  having  charge  of  the  armed  boats  of  the  Dotterel,  order- 
ed to  cruize  round  Grand  Menan  and  Campa  Bello,  have  written  in- 
structions which  have  been  exhibited,  to  seize  and  send  into  St.  An- 
drew's all  American  fishing  vessels  found  within  three  marine  miles  of 
the  said  island."  My  order  to  the  officers  of  the  boats  has  been,  that 
any  Amei-ican  vessels  they  may  find  within  three  marine  miles  of 
the  shora,  except  in  evident  cases  of  distress,  or  in  want  of  wood  or 
water,  they  are  to  detain  and  send  or  carry  them  to  St.  Andrews. 
1  have  the  honor  to  be^  &c.  &c.  &c. 

RICHARD  HO  ARE, 
,  *  .  ,  Commander. 


Vi 


6 


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